Prohibited Use Of A Weapon
If you have been accused of prohibited use of a 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 to knowingly aim a firearm at another person, or to have in his or her possession a firearm while the person is under the influence of alcohol or a controlled substance.
Possible Consequences For Prohibited Use Of A Weapon
Prohibited use of a 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 Prohibited Use Of A Weapon
The key to defending a charge of prohibited use of a weapon is to show that the person did not “knowingly” aim a firearm at another person, or that the person acted in some form of self-defense to de-escalate a violent confrontation.
Another defense could be to show that the person, at the time of the alleged offense, was not in actual possession or control of the firearm. This defense is available where a person is arrested for an alcohol-related driving offense, and during a search of the vehicle, the officers locate a firearm in the vehicle.
The remaining defenses that may be applied in a prohibited use of a 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 a prohibited use of a weapon lawyer to defend you in a prohibited use of a weapon case in Lakewood, Jefferson County or across Colorado.