When police officers pulled over a man for some minor traffic violations, they got a lot more than they bargained for. According to the news report, an officer observed a man take a right turn without signaling and then block an intersection to stop and talk with a woman. When the officer pulled the man over, the man complied with all the demands including to show his hands. It was when they approached the vehicle that the man disclosed the presence of a weapon. He told the officers it was in his lap and loaded. One officer grabbed the gun while another grabbed the man and arrested him. It turned out the weapon he had was a sawed off shotgun. He claimed he needed it for protection, but that was not a good enough defense to keep him from being arrested and charged with Possession of a Dangerous Weapon.
Larimer County Possessing a Dangerous or Illegal Weapon Attorney | What is the Definition?
The Colorado law definition of Possessing a Dangerous or Illegal Weapon in Larimer, Boulder, and Jackson County – C.R.S. 18-12-102 – is:
(2) As used in this section, the term “illegal weapon” means a blackjack, gas gun, metallic knuckles, gravity knife, or switchblade knife.
(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony. Each subsequent violation of this subsection (3) by the same person shall be a class 4 felony.
(4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.
(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.
As you can see, the statue defines both ‘illegal weapon’ and ‘dangerous weapon.’ Based on these definitions, the man was carrying a dangerous weapon, which means he will face a more serious penalty.
[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with Possession of a Dangerous Weapon? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Possession of a Dangerous Weapon Charges | What is the Penalty and Sentence?
Possessing a Dangerous Weapon is seen as a more serious offense and is therefore charged as a felony. As a class 4 felony in Fort Collins, Loveland, and Estes Park, Possession of a Dangerous Weapon is punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines. With years of your life at stake, you need a top criminal defense attorney if you are facing these serious charges.