If you’re facing Possession of a Weapon by a Previous Offender (POWPO) charge in Larimer County, Colorado, whether in Fort Collins, Loveland, Estes Park, Wellington, Timnath, Severance, Berthoud, or another Larimer community, you likely have many questions about what this offense means, what the penalties are, and what defenses are available. Understanding the law and your rights early can make a significant difference in the outcome of your case.
In this FAQ blog, we cover key questions about POWPO under Colorado law and explain why speaking with an experienced Fort Collins criminal defense lawyer or Loveland criminal defense attorney is critical.
What Is Possession of a Weapon by a Previous Offender Under Colorado Law?
Possession of a Weapon by a Previous Offender is defined in Colorado Revised Statutes § 18-12-108. Under this law, a person commits this offense when they knowingly possess, use, or carry a firearm or other weapon after being convicted of a felony or certain serious offenses.
Anyone with a prior conviction for a felony, including convictions in Colorado or another state, can be charged if they are found with a weapon that’s covered under Colorado’s weapon statutes.
What Kinds of Weapons Are Included in POWPO: A Fort Collins Defense Attorney Explains
The statute applies to firearms and most other dangerous weapons that are regulated under Colorado law. A weapon does not need to be used or brandished for a POWPO charge; mere possession is enough if you knew it was a weapon and you are prohibited from possessing it due to a past conviction.
What Are the Penalties for a POWPO Conviction in Colorado?
Under Colorado law, Possession of a Weapon by a Previous Offender is a class 5 felony carrying penalties of up to 3 years in prison and/or up to $100,000 in fines.
These consequences make POWPO a serious charge anywhere in Larimer County, from Fort Collins to Loveland to Estes Park, and they often require aggressive defense by a Wellington criminal defense attorney or Timnath criminal defense lawyer.
Does Colorado News Reflect Changes or Enforcement Around POWPO Laws?
Recent Colorado legislative changes have expanded the scope of the crimes that trigger POWPO prohibition. A 2025 law (HB25-1171) added first-degree motor vehicle theft to the list of offenses that prohibit firearm possession.
While not a headline grabbing criminal case from Larimer County, this legal change reflects how Colorado’s approach to firearm possession by prior offenders continues to evolve, making the need for knowledgeable defense counsel all the more important.
FAQ: Common Questions About POWPO in Larimer County
Q: Am I automatically guilty if I have a prior conviction?
Not necessarily. A Berthoud criminal defense lawyer will investigate whether your prior conviction actually qualifies under the POWPO statute, how long ago it occurred, and whether other defenses apply.
Q: Can I be charged if the weapon was found in my vehicle?
Possession includes both actual possession (you physically hold the weapon) and constructive possession (the weapon is in a place you control, like your car or home).
Q: Does it matter how long ago my prior conviction was?
Yes. If your prior conviction was more than ten years ago, different rules may apply, especially under recent legislative changes. A Fort Collins criminal defense attorney can assess whether the statute still bars your firearm possession.
Why You Should Talk to a Larimer County Criminal Defense POWPO Lawyer
Possession of a Weapon by a Previous Offender is a serious felony with long-lasting consequences including prison time, fines, and collateral consequences in employment and civil rights. An experienced Larimer County criminal defense attorney can:
- Review whether the prosecution has proven every element required under CRS § 18-12-108;
- Challenge weaknesses in the evidence or police procedure;
- Advocate for reduced or alternative charges when appropriate;
- Advise on post-conviction options, including rights restoration pathways.
Whether your case arises in Fort Collins, Loveland, Wellington, Timnath, Berthoud, or any other Larimer County community, you deserve aggressive defense tailored to your situation.
Contact a Larimer County Criminal Defense Lawyer Today
If you’re facing Possession of a Weapon by a Previous Offender (POWPO) charges in Larimer County, Colorado, the stakes are too high to navigate the justice system alone. Early legal intervention by a skilled Fort Collins criminal defense attorney, Loveland criminal defense lawyer, or Estes Park criminal defense attorney can be the difference between conviction and a strategic resolution.