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Colorado Penalty for Second Offense

Colorado Springs Penalty for Second Offense Lawyer

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Under Colorado law, you cannot carry a defaced firearm or unlawfully carry a concealed weapon. Additionally, there are specific regulations for the prohibited use of weapons. These charges are classified as misdemeanors generally; however, CRS 18-12-107 states that the second offense of these crimes within a 5-year time frame can be classified as a Class 5 felony.

Penalties for a Second Firearm Offense in Colorado

Charge Classification Penalty
Prohibited Use of Weapons Misdemeanor Class 1:

  • Up to 364 days in jail and/or
  • A fine up to $1,000
Prohibited Use of Weapons Misdemeanor Class 2:

  • Up to 120 days in jail and/or
  • A fine up to $750
Second Weapon Offense within 5 Years Felony Class 5:

  • 1-3 years in prison
  • A fine of $1,000 to $100,000
(Colo. Rev. Stat. § § 18-12-107, 18-1.3-401, 18-1.3-406, 18-1.3-501.)

Possible Defenses for Penalty for a Second Firearm Offense in Colorado

Many people might not realize that being charged with a second weapons offense can lead to severe consequences. To be convicted of this offense, the prosecutor must prove elements that show how the defendant, without a reasonable doubt, committed the crime.

However, an experienced criminal defense lawyer can use various defenses to prove the defendant’s innocence or to get their sentence reduced.

Some common defenses for a second firearm or weapons charge include:

  • You had a permit to carry the weapon
  • You did not realize the weapon was loaded
  • You did not knowingly, willingly, or recklessly throw or aim the weapon
  • You did not know that the firearm’s serial number was altered or removed
  • The police found the weapon during an illegal search

Colorado Revised Statutes. CRS 18-12-107:

18-12-107. Penalty for Second Offense:

Any person who has within five years previously been convicted of a violation under section 18-12-103, 18-12-105, or 18-12-106 shall, upon conviction for a second or subsequent offense under the same section, be guilty of a class 5 felony.

Have You Been Charged With a Second Firearm Offense in Colorado Springs or El Paso County?

Being charged with a second firearm offense or other weapons charge in Colorado can have severe consequences. For the prosecutor to convict you, they must convince the jury that you intentionally or recklessly used, aimed, or carried a prohibited or illegal weapon, and that you were previously convicted of the same type of charge

A criminal conviction requires that the jury finds you guilty beyond a reasonable doubt. However, this charge has many defenses, such as having a permit to carry the weapon or not knowing that the weapon was loaded. A criminal defense attorney can help you understand these defenses, Colorado law, and your rights as the defendant.

Contact our attorneys at Right Law Group to discuss your case.

 

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Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

Frequently Asked Questions

What weapons qualify for a second firearm offense in Colorado?

Many weapons can qualify you for a second weapons offense. For example, if you possess a defaced firearm or carry an unlawful concealed weapon, you could be charged with this offense. Other prohibited weapons, such as throwing stars or nunchakus may also qualify.

Will I go to prison for a second weapons charge in Colorado?

If you are charged with a second weapon offense within five years of your first offense, you can face up to three years in prison and/or a fine up to $100,000.

How can a Colorado criminal defense lawyer help me?

A criminal defense lawyer will protect your rights and help you understand Colorado law regarding your offense. Even if you plead guilty, your attorney will try to reduce your sentence, so you receive fewer penalties. They will create a stellar defense strategy to convince the jury that you are innocent or deserving of a lesser charge.