Possession of Weapon by Previous Offender Attorney in Fort Collins
Often a Secondary Charge in Larimer County

Possession of Weapon by Previous Offender is often a secondary charge in Fort Collins and Larimer County. Read more about this issue here.

In Fort Collins and Larimer County, Possession of Weapon by Previous Offender is charged when a person who has been convicted of a felony crime is found in possession of a firearm or other weapon. Generally, we see this charge as an additional charge. What do I mean by that? Well, usually what happens is that a person is contacted by law enforcement for another reason, whether it be a traffic matter or something more serious, and the person is found to be in possession of a weapon, so the felony charge is added to whatever they were already going to be charged with. For example, a person could be pulled over for speeding. Officers see a firearm in the car and when they run the person’s record, they see they have a felony conviction and the person is not just ticketed for speeding, but also charged with a new felony. Or, in another example, a person is over at a friend’s house and is helping clean a gun. The gun accidentally discharges and they call the police to report it, to make sure that no one was injured (thinking they are doing the right thing). When officers arrive, they realize the person helping his friend has a record and is not only charged with Illegal Discharge of a Firearm, but also Possession of Weapon by a Previous Offender. We often see these charges arise from situations where the firearm was not even a part of the ‘crime’ that is being investigated.

Larimer County Possession of Weapon by Previous Offenders: Colorado Law Definition

The Larimer County, Colorado law definition of Possession of Weapons by Previous Offenders – C.R.S. 18-12-108 – is:

A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, under Colorado or any other state’s law or under federal law.

According to the statute, firearm means:

any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

Sentence for Possession of a Weapon by a Previous Offender in Loveland and Estes Park

In Fort Collins, Loveland, and Estes Park, Possession of Weapon by Previous Offender is a class 6 felony, unless one of the following applies:

  1. Class 5 felony if the person possesses a dangerous weapon; or
  2. Class 5 felony if the person was previously convicted of Burglary, Arson, or another felony involving the use of a deadly weapon, within ten years of the conviction date or release from confinement.

If you or someone you love has been charged with Possession of Weapon by Previous Offender, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial phone consultation. Together, we can protect your future.

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