If you have been accused of possession of a weapon by a previous offender, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Call us at 303-872-4719 in the Greater Denver area or toll free at 888-725-2609 across Colorado for an initial consultation at reduced rates.
Whether in the Denver area, or anywhere in Colorado, it is unlawful for a person to knowingly possess, use or carry upon his or her person a firearm, or any other weapon that is subject to regulation, subsequent to the person's conviction for a felony, or a juvenile adjudication for an act, which if committed by an adult, would be a felony.
Possible Consequences For Possession Of A Weapon By A Previous Offender
Possession of a weapon by a previous offender is generally a class 6 felony, and the sentence could be: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the department of corrections of one year to 18 months, but as much as three years if the court finds the presence of exceptional circumstances, with a mandatory parole period of one year.
Possible Defenses For Possession Of A Weapon By A Previous Offender
The key to defending a charge of possession of a weapon by a previous offender is to show that the person did not "knowingly" possess a weapon, or that the person possessed the weapon strictly in defense of his or her home. As such, it would be significant if the weapon actually belonged to a roommate or a spouse, unbeknownst to the previous offender.
The remaining defenses that may be applied in a possession of a weapon by a previous offender case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor's case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups, and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced possession of a weapon by a previous offender lawyer to defend you in a possession of a weapon by a previous offender case in Golden, Jefferson County or across Colorado.
Call us at 303-872-4719 in the Greater Denver area or toll free across Colorado at 888-725-2609 for an initial consultation at reduced rates.