A Colorado Springs man was recently arrested for Prohibited Use of a Weapon and 2nd Degree Assault after an accidental shooting left one man in the hospital with non-life threatening injuries. According to the news report, the man was intoxicated while handling a gun and the gun accidentally went off. The bullet struck another man in the head, but luckily he is expected to survive. The accidental shooter was arrested and subsequently charged with the two crimes.
Larimer County Prohibited Use of Weapons Attorney | What is the Definition?
The Colorado law definition of Prohibited Use of Weapons in Larimer, Boulder and Grand County – C.R.S. 18-12-106 – is:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
(e) He knowingly aims, swings, or throws a throwing star or nunchaku as defined in this paragraph (e) at another person, or he knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container. For purposes of this paragraph (e), “nunchaku” means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and “throwing star” means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.
Because the man possessed a firearm while intoxicated (part d) and he accidentally discharged the gun (part b), he is facing this class 2 misdemeanor. Prohibited Use of a Weapon is punishable by 3 to 12 months in the Larimer County Jail and up to $1,000 in fines. Had the bullet not hit anyone, his charges would have stopped there. But, because there was an injury, an additional and more serious charge was added.
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Fort Collins Second Degree Assault Lawyer | What is the Definition?
The Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203 – is:
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(c.5) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon
A gun is considered a deadly weapon, and because he caused serious bodily injury by means of that gun, he is facing this serious felony. Paragraph (d) would likely be the charge, since the shooting was not intentional. You can see how it might be considered ‘reckless.’ 2nd Degree Assault is a class 4 felony in Fort Collins, Loveland, and Estes Park and is punishable by 2 to 6 years in the Colorado Department of Corrections.