The phrase weapons charges encompass many criminal violations, including assault with a deadly weapon, possession of a weapon by a previous offender (POWPO), charges involving concealed weapons, and even some drug crimes where a weapon may have been involved or even merely present.
If a gun or other weapon was involved in the case, the consequences of the crime are increased dramatically. One example is Colorado’s Special Offender law, which provides that when a drug offense is committed and a deadly weapon also is present on the defendant’s person or within his immediate reach during the commission of said drug offense, or when the defendant or his confederate possess a firearm either to which they had access to that firearm in a manner posing a risk to others or simply is present in a vehicle during the commission of a drug offense, then special offender charges can be brought against said defendant. Special offender charges constitute a class 2 felony, and thus are a very serious matter.
Even if a crime is not being committed, possession of a deadly weapon by a prior offender also is a very serious offense. A person commits the crime of POWPO when they knowingly use, possess, or carry upon his or her person a firearm, subsequent to their conviction for a felony, in any state, including Colorado. These charges are serious and can be brought alongside charges such as robbery or drug charges. One possible defense to a POWPO charge is possession of a firearm at the defendant’s home for purposes of self-defense.
When someone is charged with a crime, the courtroom becomes a place where every part of their life is examined. Police reports and prosecutor arguments rarely capture the full picture of who that person is outside the incident. This is where character witnesses can carry meaningful weight. Their testimony gives the judge or jury access to a side of the defendant that the case file alone cannot reflect.
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