Carrying A Concealed Weapon
If you have been accused of carrying a concealed weapon, 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.
Whether in the Denver area, or anywhere in Colorado, it is unlawful for a person to knowingly carry a knife or a firearm concealed on or about his or her person. The statute specifically exempts from criminal liability those people who carry the weapon concealed while in their own dwelling or place of business, while in a private automobile or while they held a valid concealed carry permit.
Possible Consequences For Carrying A Concealed Weapon
Carrying a concealed weapon is a class 2 misdemeanor and carries a possible sentence of: (1) probation, with a possible jail sentence as a condition of probation of up to 60 days, or up to a two-year work release sentence as a condition of probation, or (2) a jail sentence of up to one year.
Possible Defenses For Carrying A Concealed Weapon
The key to defending a charge of carrying a concealed weapon is to show that the person did not “knowingly” possess the weapon, or that the person possessed the weapon strictly in defense of his or home, his or her place of business or while traveling in his or her automobile.
The remaining defenses that may be applied in a carrying a concealed weapon 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 carrying a concealed weapon lawyer to defend you in a carrying a concealed weapon case in Wheat Ridge, Jefferson County or across Colorado.