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Castle Rock Firearm Possession Lawyer

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Castle Rock Firearm Possession Attorney

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Living in the beautiful town of Castle Rock, you probably enjoy the area’s ample opportunities for hunting and recreational shooting. Or maybe you keep a firearm at home for self-defense.

Whatever your reason for possessing a gun, you need to be aware of the complex web of federal, state, and local laws that regulate firearms in Colorado. An inadvertent violation can land you in serious legal trouble.

Our Castle Rock firearm possession lawyers at Right Law Group has helped hundreds of good people in Castle Rock and Douglas County who found themselves facing charges like illegal possession of a weapon, prohibited use of a firearm, or carrying a concealed firearm without a permit. In many cases, we’ve been able to get their charges reduced or even dismissed.

How does this happen? It’s often just an honest mistake. You may have borrowed a friend’s gun to go target shooting, not realizing he had a domestic violence conviction that barred him from owning firearms. Or you stopped by the shooting range after having a couple of beers, unaware that it’s illegal to possess a firearm while intoxicated.

Situations like these demonstrate why it’s so important to fully understand Colorado’s firearm regulations. Let’s take a look at some key laws and how an experienced lawyer can defend your rights if you end up getting charged.

Federal vs. State vs. Local Firearm Laws

One reason firearm possession laws are tricky to navigate is that they exist at multiple levels of government. For example, federal law prohibits the possession of firearms by anyone convicted of a felony. But Colorado state law is stricter, barring gun possession by those with felony convictions and also some misdemeanor domestic violence convictions. On top of that, Castle Rock has its own municipal codes restricting the discharging of firearms within city limits.

This complex patchwork of laws means there are many ways to end up facing criminal penalties for an innocent mistake. An attorney who specializes in Colorado gun crime defense will understand how these laws interact and where there may be opportunities to fight the charges.

Common Castle Rock Firearm Violations

While laws vary, some of the most frequent firearm possession charges we see in Castle Rock include:

  • Possession by a previous offender: Under C.R.S. 18-12-108, it’s illegal for anyone convicted of a felony to possess a firearm, even temporarily. Penalties include 1-2 years in prison.
  • Unlawfully carrying a concealed weapon: Carrying a concealed gun without a valid permit is a class 2 misdemeanor under C.R.S. 18-12-105. Punishment can include up to 120 days- in jail.
  • Possessing a firearm while intoxicated: It’s illegal under state law to possess a firearm while under the influence of drugs or alcohol. This is a class 2 misdemeanor as well.
  • Possession of an illegal weapon: State law prohibits certain types of firearms like sawed-off shotguns. Possession is a class 4 felony.
  • Providing a firearm to a minor: Furnishing a handgun to anyone under 18 is prohibited. Violations are punished as a class 4 felony.

As you can see, the web of federal, state, and local firearm laws provides numerous ways for well-meaning, law-abiding gun owners to end up facing serious criminal penalties. Having an attorney well-versed in these statutes is essential.

castle rock criminal defense attorney

Crafting a Powerful Defense Against Firearm Possession Charges

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Finding yourself accused of illegally possessing a firearm can be terrifying. But take a deep breath – an experienced attorney can often build a strong defense to protect your rights.

At our firm, we dig deep to identify every opportunity to challenge and defeat the charges. For example, we scrutinize the validity of any prior conviction used to support a possession charge. If it was improper, overturned, or pardoned, the foundation crumbles.

We also aggressively attack the prosecution’s evidence. Weaknesses like gaps in the chain of custody or lack of proof you knowingly possessed the firearm are exploited. Shoddy police work leading to questionable probable cause can also invalidate the case.

Next, we examine how the evidence was obtained. If through an unconstitutional search, defective warrant, or illegal detention, we fight to suppress it. Possessing a firearm is not itself proof of wrongdoing if your rights were violated in the process.

Finally, we explore affirmative defenses. Brief possession for self-defense, unknowing or involuntary possession, or possession under duress all provide justification.

With an arsenal of legal arguments at our disposal, we build tiered defenses focused on defeating charges before trial or achieving the best possible outcome for our client. We know all the potential consequences you face, so we won’t rest until your rights are protected.

Affirmative Defenses Against Possession

We can also raise legal defenses that justify brief firearm possession:

  • Self-defense – You may have temporarily held the firearm out of necessity for lawful self-defense.
  • Involuntary possession – Someone may have placed the firearm on you without your knowledge.
  • Duress – You were coerced into possessing the firearm under threat of harm.

Why Work With Our Criminal Defense Team

Successfully fighting firearm possession charges requires in-depth knowledge of applicable laws, creative defense strategies, and proven experience. At Right Law Group, our Castle Rock criminal defense lawyers check all those boxes.

We maintain an intricate understanding of constantly evolving federal, state, and local gun laws. Our insider experience as former prosecutors also reveals how the D.A. approaches these cases.

This allows us to anticipate moves and proactively defend our clients.

Every case we handle gets a customized game plan reflecting the unique circumstances. We identify the specific issues to leverage, be it unlawful searches, lack of evidence, affirmative defenses, or procedural errors. Our strategic mastery comes from decades of case experience.

Those strategies produce real results. We’ve successfully reduced felonies to misdemeanors, secured dismissals through suppression motions, and achieved not-guilty verdicts at trial. While outcomes are never guaranteed, clients can feel confident partnering with a firm that has repeatedly beaten these charges.

Don’t take chances with your defense. Our proven firearms law expertise provides the most effective legal advocacy. We know how to beat these allegations – let us fight to protect your rights.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Colorado criminal procedure

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  • 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

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What honest mistakes could still lead to firearm charges?

Borrowing or even briefly handling a gun owned by someone legally barred from possession. Believing an antique or family heirloom firearm is lawful when it’s actually prohibited. Having a firearm at home when intoxicated – private property does not exempt laws. Carrying concealed with a permit mistakenly thought to still be valid. Even well-intentioned acts can lead to charges.

What traps do out-of-state gun owners face in Colorado?

Firearm laws vary significantly between states. What is perfectly legal in your home state may be prohibited in Colorado. Improperly transporting firearms while traveling through our state can lead to serious criminal charges. Out-of-staters must be cautious that different rules apply here.

What are some ways charges can arise without actively using the firearm?

Simply possessing a prohibited weapon can lead to charges, even if it is unloaded and not brandished. Having ammunition in close proximity shows intent for use. Carrying an unloaded but quickly accessible concealed firearm still requires a valid permit. The law focuses on possession itself as dangerous, not just active use.

Experienced Criminal Defense Lawyer

Don't Wait - Contact Right Law Group for a Free Case Review

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Facing criminal charges related to firearm possession can be an overwhelming and terrifying experience. But you don’t have to go through it alone. At Right Law Group, our skilled criminal defense attorneys have the experience, expertise, and unwavering commitment to protect your rights and future. Our team of dedicated team includes former prosecutors and district attorneys who know firsthand how these cases are built – and how to take them apart. We’ve helped resolve thousands of criminal cases across Colorado, and we have an impeccable record of getting firearms charges reduced or dismissed.

When your freedom, family, and livelihood are on the line, you need relentless, zealous defense. With decades of combined experience spanning hundreds of cases, Right Law Group has the perspective and resolve to be your tireless ally in this fight. Don’t leave your life to chance. Contact us today for a free consultation with dedicated legal guidance from a team you can trust – we are ready to stand shoulder-to-shoulder with you each step of the way.

Areas Served

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El Paso County

Douglas County

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Arapahoe County

  • Centennial
  • Englewood
  • Greenwood Village
  • Cherry Hills Village
  • Foxfield
  • Sheridan
  • Columbine Valley
  • Byers
  • Southglenn
  • Castlewood
  • Peoria

Pueblo County

Teller County

Fremont County

  • Coaldale
  • Cotopaxi
  • Hillside
  • Howard
  • Texas Creek
  • Wellsville