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.
The plea deal process is a key part of the criminal justice system in Denver, CO. Rather than proceeding to trial, a defendant may be offered a plea agreement by the prosecution to plead guilty to a lesser charge or to obtain a reduced sentence. While plea deals can provide certainty and potentially minimize penalties, they also carry significant long-term consequences, including criminal records, probation requirements, fines, and other collateral
Colorado prosecutors sometimes file charges that exceed what the evidence supports, using inflated allegations as leverage to pressure guilty pleas. Overcharging occurs across case types, from assault and domestic violence to drug offenses and DUI. When Colorado prosecutors overcharge, fighting excessive criminal allegations requires a defense team that can identify the tactic and push back effectively. The Law Office of Kimberly Diego defends clients across the Denver metro area against
A new felony charge in Denver can take on a much heavier tone once prosecutors raise the possibility of habitual criminal sentencing. A case that might otherwise be handled like many other felonies can turn into a high-exposure situation if the state claims your prior convictions qualify under Colorado’s habitual criminal laws.
The Law Office of Kimberly Diego defends people facing serious felony allegations and high-stakes sentencing threats in Colorado
