Have a Record and Arrested for Owning a Firearm?
If you have been convicted of a felony in any state, Colorado law and federal law bar you from possessing a gun in Colorado.
Colorado Revised Statutes Title 18. Criminal Code § 18-12-108 says that a person commits the crime of possession of a weapon by a previous offender (POWPO) if the person knowingly possesses, uses or carries upon his or her person subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony under Colorado or any other state’s law. In other words, if you have been charged with POWPO, you face a class 5 felony (F5) charge.
If this is your second charge of possession of a weapon, then the felony will be considered a class 4 felony (F4), which is a much more serious charge. At Shazam Kianpour & Associates, we routinely see POWPO charges brought alongside felony menacing, drug or robbery charges in Denver, Arapahoe, Jefferson County, Douglas, Adams County or any other jurisdiction.
Denver criminal defense law firm Shazam Kianpour & Associates offers free initial consultations, answers phones 24/7, and can arrange to meet with you in jail. Call 303-578-4036 today to set up your free consultation!
If I am charged with a possession of weapon by a previous offender, am I going to prison?
If you or a loved one has a prior felony conviction and faces weapons charges, you probably already know that the prosecutors are not going to make a reasonable plea offer unless they feel that they have to. The only way that will happen is if you put forth a strong defense against the charges.
You are not necessarily looking at going to prison, but the chances are there, and you should take your charges very seriously. On a class 5 felony POWPO you are facing the possibility of one to three years in prison (DOC), and on a class 4 POWPO second offense, you are looking at up to two to six years in DOC.
Our lawyers have defended countless clients against serious weapons possession allegations. We will pursue every defense available based on the facts of your case, such as whether or not you, in fact, possessed the gun in question, whether you actually know about the gun’s presence in your vicinity, or whether the weapon even belonged to you. We will explore all search and seizure issues, and we will look for instances where the police have violated your constitutional rights while gathering evidence against you.
We Know Your Rights and Can Uphold Them
We are tenacious advocates and will find any of the weaknesses in the state’s case. We will then leverage these weaknesses to secure the best possible result, whether it is a dismissal of the charges, going to a jury trial, or a reduction that eliminates some of the worst penalties.
Whatever the reasons behind your charge, the first factor is that you are likely already a convicted felon, which means the cards are already stacked against you. Don’t lose this hand; pull out the ace under your sleeve and call Shazam Kianpour & Associates today. Your family and future may depend on the Denver criminal lawyer whom you choose, so make sure it is the right choice. Email us, or give us a call today to begin your defense at 303-578-4036.