Seeing flashing lights in your rearview mirror is stressful enough, but when a traffic stop escalates into a weapons charge, the world seems to stop. You suddenly face the terrifying possibility of losing your Second Amendment rights, your freedom, and the reputation you have built in your community.
We know that good people often find themselves on the wrong side of complex firearm regulations that seem to change constantly. You are not a criminal; you are a citizen who needs a dedicated legal team to fight for your rights. Triple L Law PC is here to help you figure out how to get a gun charge dismissed and stand up for you at a time when you need it most.
What Does It Take to Fight a Weapons Offense?
Colorado takes firearm safety seriously, and the laws here are a minefield of technicalities that can trap even responsible gun owners. Whether you were stopped in Jefferson County for a traffic violation that led to a search or faced an accusation of prohibited use, understanding how to get a gun charge dismissed begins with analyzing the details of your arrest. We scrutinize every procedural error and factual inconsistency to dismantle the prosecution’s case before it ever reaches trial.
Was the Police Search Legal?
Challenging police conduct is an effective way to dismiss a gun charge because the Fourth Amendment guards against unreasonable searches and seizures. Police need probable cause or a warrant to search you or your vehicle, with few exceptions.
If the police violate your rights, we can file a motion to suppress the evidence. If granted, and the gun becomes inadmissible, the court may dismiss the case.
Did You Actually “Possess” the Firearm?
Many gun charges depend on possession, which isn’t always straightforward. In Colorado, there are two types: actual possession, where the gun is on your person, and constructive possession, where it’s in a place you control and know about. Cases often involve passengers or roommates arrested for guns in shared spaces. If you didn’t know or control the gun, you can’t be guilty. Proving a lack of knowledge or control is a powerful strategy for getting a gun charge dismissed.
Is a Gun Charge a Felony in Colorado?
The answer depends entirely on the specific statute cited in your case and your prior criminal history. The law separates misdemeanors and felonies in the following ways:
- Misdemeanors. First-time offenses for unlawfully carrying a concealed weapon or prohibited use of weapons (like possessing a firearm while intoxicated) are typically Class 1 or Class 2 misdemeanors.
- Felonies. Charges like possession of a weapon by a previous offender are Class 5 felonies. Additionally, a second conviction for concealed carry within five years can result in a felony charge.
Understanding the severity of the charge guides our strategy. If the evidence is weak, we pursue dismissal. If stronger, we may be able to negotiate a felony reduction to a misdemeanor to protect your record.
How Much Time Can You Get for a Gun Charge?
We understand that the fear of incarceration is real, so most people want to know how much time you can get for a gun charge. Depending on the charge, the penalties may be:
- 364 days in county jail for a misdemeanor, and
- Up to 1 to 3 years in the Department of Corrections for felony convictions.
However, these are maximum penalties. Our goal is to avoid jail time altogether by pushing for dismissal or alternative sentencing options.
Can First-Time Offenders Get Charges Dropped?
If you have a clean record, you may qualify for Colorado’s diversion program, which is one way to get a gun charge dropped without a trial. Participants must complete requirements such as a firearm safety course, community service, or demonstrating good behavior. After finishing, the court will dismiss your charges and seal your record, preserving your rights to a clean record and gun ownership.
Why Choose Triple L Law PC as Your Defense Team?
We are not your average law firm. Our firm is veteran-owned, with two former Judge Advocates who are proud to represent clients from every walk of life, military or not, in their legal matters. We are members of the National Association of Distinguished Counsel, representing the Nation’s Top One Percent, and the National Academy of Criminal Defense Attorneys.
Our team includes our lead attorney, who was awarded Litigator of the Year for 2022 and named a Top 100 Trial Lawyer by the American Institute of Trial Lawyers. We take pride in our trial expertise and client-centered approach. We believe in being ready for trial from day one, and we promise to fight for you.
Take Action to Protect Your Rights Today
Your future is too important to leave to chance. Contact us today for your free evaluation, and let us start building the defense you deserve.
Frequently Asked Questions
What Are the Most Common Defenses to Gun Crime Charges?
Common defenses include challenging the legality of the search, proving a lack of knowing possession, and asserting self-defense under Colorado’s statutes.
Can a Gun Charge Be Dismissed Due to an Illegal Search or Seizure?
If a judge finds law enforcement violated your Fourth Amendment rights during a traffic stop or home search, the evidence, like the firearm, can be suppressed, often leading to case dismissal.
Do First-Time Offenders Have a Better Chance at Getting Charges Dropped?
First-time offenders with no prior criminal history are often suitable candidates for diversion programs, which dismiss charges if they complete specific conditions, such as community service or safety classes.
How Do Prosecutors Prove Unlawful Possession in Colorado?
Prosecutors must prove you knowingly possessed the firearm. For constructive possession, they must show you knew the weapon was present and had control over the location where an officer found it.
What Factors Influence Whether a Gun Charge Gets Dismissed?
Factors include the strength of evidence, the legality of police conduct, criminal history, willingness for diversion programs, and your defense attorney’s skill in highlighting procedural errors.
