Gun crime charges in Colorado carry serious consequences. Prosecutors must prove every element of their case beyond a reasonable doubt. At the Law Office of Kimberly Diego, our Denver criminal defense attorneys defend clients facing illegal firearm charges by challenging government evidence and protecting Second Amendment rights. With 17 years of experience, Kimberly Diego has earned Top 100 Trial Lawyer and Colorado Super Lawyer recognition. We have successfully defended hundreds of gun crime cases.

What Are Colorado’s Firearms Laws and Penalties?

Colorado law divides weapons offenses into multiple categories under C.R.S. § 18-12-102. Penalties depend on whether you possessed a “dangerous weapon” or “illegal weapon,” and whether you are a prohibited person.

Dangerous Weapons

Dangerous weapons include firearm silencers, machine guns, short shotguns (under 18 inches), short rifles (under 16 inches), and ballistic knives. Possession is a Class 5 felony carrying one to three years in prison and fines up to $100,000. Repeat offenses are Class 4 felonies with two to eight years in prison. First-time offenders may qualify for probation alternatives or deferred sentencing. A Denver gun crime lawyer can evaluate your case and determine the strongest defenses.

Illegal Weapons

Illegal weapons include blackjacks, gas guns, brass knuckles, gravity knives, and switchblades. Possession is a Class 1 misdemeanor carrying six to 18 months in jail and fines up to $5,000. Convictions create permanent criminal records affecting employment and housing.

Can Prior Felonies Affect Your Gun Possession Rights in Colorado?

Colorado prohibits firearm possession by people with prior felony convictions under C.R.S. § 18-12-108. This applies regardless of when the conviction occurred or the state where it happened. First-time violations are Class 6 felonies, with penalties increasing based on criminal history. Federal sentencing guidelines may apply if your case involves interstate commerce or federal jurisdiction, potentially increasing penalties significantly.

The law also restricts juveniles from possessing handguns except in limited cases, such as hunting or supervised shooting sports. Parents who allow juveniles to possess firearms can face criminal charges. These cases often arise from traffic stops or home searches. A Denver gun crime lawyer can evaluate your history and circumstances to challenge charges and minimize potential penalties.

Common Defenses to Colorado Gun Crimes

Defense strategies vary based on the type of charge. Common defenses include:

Possession Defense

Prosecutors must prove you had control or knowledge of the firearm. Shared homes or vehicles often provide grounds to challenge possession. If you didn’t know a weapon was present, the prosecution’s case weakens significantly.

Unlawful Search and Seizure

Evidence obtained without probable cause or a valid warrant can be suppressed under the Fourth Amendment. If police violated your constitutional rights, we file motions to exclude that evidence.

Self-Defense

In limited circumstances, Colorado law protects firearm use for self-defense, even for prior offenders. This defense requires careful legal analysis.

Lack of Knowledge

Honest mistakes, such as unknowingly possessing a short rifle, may defeat charges requiring knowing possession. A skilled Denver firearms defense attorney will review all circumstances to determine which defense is most effective in your case.

What Related Gun Charges Could Be Filed Alongside a Firearm Case?

Gun crime charges are often accompanied by additional offenses, including:

• Illegal discharge of a firearm (C.R.S. § 18-12-107.5)
• Defacing a firearm (C.R.S. § 18-12-104)
• Carrying a concealed weapon without a permit (C.R.S. § 18-12-105)
• Large-capacity magazine violations (C.R.S. § 18-12-302)

Domestic violence and drug-related cases frequently involve firearms enhancements, increasing potential prison time and federal consequences. These additional charges can dramatically impact your defense strategy. An experienced Denver gun crime lawyer will address all related allegations together to protect your rights.

Consequences Beyond Criminal Penalties

A conviction affects more than your freedom:

• Federal law prohibits convicted felons from possessing firearms nationwide
• Colorado concealed carry permits are revoked, and future permits may be denied
• Background checks reflect gun convictions, affecting employment in security, law enforcement, and other fields
• Non-citizens may face deportation or removal, even after decades of lawful residence

Understanding long-term consequences is essential. A Denver firearms defense attorney helps protect both your immediate and future rights.

Talk To Our Denver Gun Crime Lawyer Today

Gun crime charges require attorneys who understand Colorado firearms law and constitutional protections. You need lawyers who can challenge evidence and fight for your Second Amendment rights.

At the Law Office of Kimberly Diego, we have successfully defended hundreds of gun crime cases. We know how to suppress illegally obtained evidence, dispute possession allegations, and negotiate favorable outcomes. Contact us online or call (720) 257-5346 today for a confidential consultation with an experienced Denver gun crime attorney.