Gun Charges
Are you facing charges related to possession of a firearm? Let Attorney Margaret Teigen Steele provide legal defense and guidance.
The right to bear arms is a constitutional protection under the Second Amendment. But state and federal gun laws significantly restrict this right, and one slip-up can leave you with criminal charges.
Attorney Margaret Teigen Steele understands that you aren't a criminal; you are just facing criminal charges. Allow our law firm to provide legal guidance and help you build a defense in the face of state or federal gun charges so that you can protect your way of life.
Contact Steele Law Criminal Defense today for a consultation.
Understanding Colorado Gun Charges and Weapons Offenses
If you want to own a gun or another dangerous weapon in Colorado, you must have a thorough understanding of state and federal laws. Owning certain types of weapons is illegal and can lead to misdemeanors or even felony charges, even if you never use the weapon for harm.
In Colorado, it is a felony to possess "dangerous weapons" without the proper registration, including:
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- Machine guns
- Firearms with silencers
- Short-barreled rifles
- Short shotguns
- Ballistic knives
Meanwhile, it is a misdemeanor to possess an "illegal weapon" in Colorado, which includes:
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- Gas guns
- Blackjacks
- Metallic knuckles
Several charges specifically relate to firearms. A person might face charges for any of the following in Colorado:
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- Unlawfully carrying a concealed weapon
- Defacing a firearm
- Possession of a defaced firearm
- Prohibited use of a firearm
- Illegal discharge of a firearm
- Possession of a weapon by a previous offender (POWPO)
- Unlawfully carrying a weapon on school grounds
Whether you are facing charges for illegal possession or discharge, you can't afford to handle your case on your own. Consult our experienced gun charges attorney to begin strategizing.
Weapons as Aggravating Factors in Other Charges
Possession of a firearm can also aggravate other violent crimes, potentially leading to more severe penalties. Your charges can be considered "aggravated" even if you did not use the firearm; simply having one on your person can escalate certain charges. Examples include:
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- Armed robbery
- Aggravated assault
- Aggravated domestic battery
- Aggravated child abuse
- Attempted murder
Crimes involving assault and robbery are sometimes charged as misdemeanors, but the presence of weapons can escalate them to felonies, leading to potentially harsher punishments.
Exploring Federal Gun Crimes
Some gun crimes can also be charged at the federal level and carry more severe penalties compared to state crimes. A person may be charged with a federal firearm offense for:
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- Crossing state lines with an illegal firearm
- Carrying or using a firearm in a drug trafficking offense
- Possessing prohibited weapons under federal law
- Possessing a firearm as a convicted felon
- Possessing a firearm in restricted areas (federal buildings, airports, etc.)
Convictions could lead to sentences in federal prison.
If you are facing charges for a federal offense, you need a seasoned attorney to defend you in federal court.
Potential Penalties and Average Sentences for Gun Charges
Gun and weapons crimes can be charged as misdemeanors or felonies, depending on the crime. Our law firm can help you understand what your specific charges mean and the potential penalties you may be facing upon conviction.
For example:
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- Unlawfully carrying a concealed weapon is typically charged as a Class 2 misdemeanor, with penalties including up to 120 days in jail and up to $1,000 in fines.
- Possession of a weapon by a previous offender can be charged as a Class 6 or Class 5 felony, with sentences often ranging from one to three years imprisonment and steep fines.
- Unlawful purchase of a firearm can be charged as a Class 4 felony, with convictions sometimes leading to penalties of between two and six years imprisonment.
Certain federal firearm charges can carry mandatory minimum sentences as well.
As you can see, gun charges are taken very seriously in Colorado and at the federal level. Even if you did not intend to use a weapon, simply having one can land you in prison. Consulting a criminal defense attorney is of the utmost importance.
Common Defenses Against State and Federal Gun Charges
Our law firm has defended countless clients in the face of gun and weapons charges. Attorney Margaret Teigen Steele will closely evaluate your charges and investigate your case to shape your defense.
Common defenses for gun charges may include:
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- Lack of knowledge: You may not have reasonably known that the firearm was in your home or vehicle, especially if your home has multiple occupants.
- Temporary possession: Perhaps you were only holding the firearm temporarily for a lawful purpose, such as taking it from someone to prevent them from hurting themself.
- Entrapment: You may be able to claim that law enforcement officers entrapped you or caused you to commit a crime you would not have otherwise committed.
- Self-defense: If you were at risk of immediate, serious harm, you may be able to claim self-defense for possessing or using a firearm.
We can also explore negotiating a plea deal, depending on the evidence against you. In some cases, pleading guilty may enable you to secure lesser penalties and start moving forward sooner.
Speak With Our Experienced Criminal Defense Attorney
Facing gun charges can be incredibly distressing. Many people lawfully own guns as a means of protecting themselves and their families, and you may have never intended to violate any laws. Still, you need to take these charges seriously and do everything you can to avoid serious penalties.
Consult Our Criminal Defense Attorney Today
Do you need legal representation in any of these criminal law practice areas or require legal guidance outside of these categories?
Request a consultation with Steele Law Criminal Defense today at 303-907-1504 to learn how we can assist you.
Our Practice Areas
Domestic Violence
Restraining Orders
Assault and Menacing
Sex Offenses
Theft and Burglary
Drug Possession and Distribution
Probation Revocations
DUI/DWAI/DUID
Traffic and DMV Hearings
Vehicular Assault/Homicide
Sealing Criminal Records
Gun Charges
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The Steele Law Criminal Defense Difference
You may picture criminal defense attorneys as confrontational and abrupt. I take a different approach—my focus is on helping you gain peace of mind, knowing your case is in experienced, dedicated hands.
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I understand the scope of emotions you may be feeling. I approach your case aggressively because I care about your outcomes and your future.
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Criminal cases are never straightforward. I prepare for all possible outcomes so we are never caught off guard throughout your legal process.
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Staying informed helps you feel in control. You can reach me any time via phone, text, or email with questions.
Proven Experience & Results
With years of experience as a former prosecutor and defender, I have a track record of successful outcomes. I leverage this expertise to fight for the best possible resolution in your case.
Frequently Asked Questions
What is POWPO in Colorado?
POWPO stands for possession of a weapon by a previous offender. It makes firearm possession a crime for someone with a prior felony conviction, charged as a class 6 felony by default and a class 5 felony when the weapon is a dangerous weapon or the prior conviction was for burglary, arson, or a felony involving force or a deadly weapon. These cases frequently turn on whether you actually possessed or controlled the weapon, which is a live question in shared homes and vehicles.
Can I be charged for a gun that was not mine?
Yes. Colorado recognizes constructive possession, meaning the prosecution can charge you for a firearm found in a vehicle or residence you had access to and control over, even when it belonged to someone else. Lack of knowledge is a genuine defense here, and it usually depends on where the gun was found, who else had access, and what you said to officers at the scene.
Do gun charges make other charges more serious?
They can. The presence of a firearm can elevate a misdemeanor to a felony and can make an offense a crime of violence, which triggers mandatory prison sentencing rather than probation. You do not have to fire the weapon or point it at anyone. Simply having it during another alleged offense is enough to change your exposure dramatically.
When does a gun case become a federal case?
Federal charges typically arise when a firearm crosses state lines, is possessed by a convicted felon, is connected to a drug trafficking offense, is prohibited under federal law, or is carried into a restricted area such as a federal building or airport. Federal firearm offenses carry mandatory minimum sentences and are prosecuted in federal court, which runs on different rules and different sentencing guidelines.
Is carrying a concealed handgun without a permit a crime in Colorado?
Yes. Unlawfully carrying a concealed firearm is a class 1 misdemeanor, punishable by up to 364 days in jail and a fine of up to $1,000. The statute has exceptions, including your own dwelling, place of business, or property under your control, and a private vehicle for the lawful protection of yourself or your property while traveling. Location drives the analysis, and carrying at an educational institution or in a government building falls under separate statutes.
Representation Across the Denver Metropolitan Area
My legal practice is based in Englewood, CO, but I travel to clients across the greater Denver Metropolitan Area.
If you are located outside of these areas, feel free to reach out to discuss how I can assist you.
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Steel Law Criminal Defense
333 W. HAMPDEN AVE, SUITE 710
ENGLEWOOD, CO 80110
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