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Changes To Colorado Criminal Law 18-12-108 – Possession of Weapons by Previous Offenders

By Colorado Criminal Defense Lawyer – Attorney – H. Michael Steinberg

If, after July 1, of 2013,  you have been charged with the Crime of  – 18-12-108 – Possession of Weapons by Previous Offenders,  you may have a defense to the charges based on the prior felony on which the new charge is based. After July 1, 2013 – only CERTAIN PRIOR FELONIES will support the charge.

18-12-108 - Possession of Weapons by Previous Offenders

18-12-108 – Possession of Weapons by Previous Offenders

If you have been charged with ANY crime under the Colorado Criminal Code – you will need to know at least three things about that charge.

I. The CRS (or Colorado Revised Statutes) Citation – The Name of Crime – and The Elements of The Crime Charged

II. The Level Of The Crime and The Possible Penalties

III. The Actual Language Of The Crime Itself – (to study for its application or non-application to your case facts.)

First, what are “the elements” of the crime or crimes  – that means – what is required to prove this crimes or these crimes in a Colorado Court of Criminal Law beyond a reasonable doubt?

Second, you need to know what “level” the crime is.  Is it a felony or a misdemeanor?  Or is it a petty offense – or a Municipal Code (City) violation?  This tells you the possible penalties or punishment for this crime under The law.

Under 18-12-108 – Possession of Weapons by Previous Offenders – the class of felony is a class 5 felony. 

Third, you need access to be able to read the entire law – the statute itself to study exactly how it is drafted.

After the law was amended in 2013 under House Bill 13-1085  – which took effect on July 1, 2013, and applies to offenses committed on or after that date, the law – with comparisons of the new and the old sections below:

Under current law the crime of possession of weapons by previous offenders applies to all felony convictions. The new bill limits the felony application to felonies under the victim’s rights act, burglary, arson, or any felony involving the use of force or the use of a deadly weapon.

The new law changed 18-12-108, Sections (1), (3), and (6) (c) (I) as follows:

18-12-108 – Possession of Weapons by Previous Offenders

New Section (1 ) Law:

(1)  A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person’s conviction for a felony OFFENSE DEFINED IN SECTION * 24-4.1-302 (1), C.R.S., OR FOR BURGLARY, ARSON, OR ANY FELONY INVOLVING THE USE OF FORCE OR THE USE OF A DEADLY WEAPON, or subsequent to the person’s conviction for attempt or conspiracy to commit SUCH a felony, under Colorado or any other state’s law or under federal law.

Old Section (1) Law:

(1) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, under Colorado or any other state’s law or under federal law.

(2) (a) Except as otherwise provided by paragraphs (b) and (c) of this subsection (2), a person commits a class 6 felony if the person violates subsection (1) of this section.

(b) A person commits a class 5 felony, as provided by section 18-12-102, if the person violates subsection (1) of this section and the weapon is a dangerous weapon, as defined in section 18-12-102 (1).

(c) A person commits a class 5 felony if the person violates subsection (1) of this section and the person’s previous conviction was for burglary, arson, or any felony involving the use of force or the use of a deadly weapon and the violation of subsection (1) of this section occurs as follows:

(I) From the date of conviction to ten years after the date of conviction, if the person was not incarcerated; or

(II) From the date of conviction to ten years after the date of release from confinement, if such person was incarcerated or, if subject to supervision imposed as a result of conviction, ten years after the date of release from supervision.

(d) Any sentence imposed pursuant to this subsection (2) shall run consecutively with any prior sentences being served by the offender.

New Section (3):

(3) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person’s adjudication for an act which, if committed by an adult, would constitute a felony OFFENSE DEFINED IN SECTION * 24-4.1-302 (1), C.R.S., OR FOR BURGLARY, ARSON, OR ANY FELONY INVOLVING THE USE OF FORCE OR THE USE OF A DEADLY WEAPON, or subsequent to the person’s adjudication for attempt or conspiracy to commit SUCH a felony, under Colorado or any other state’s law or under federal law.

Old Section (3):

(3) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person’s adjudication for an act which, if committed by an adult, would constitute a felony, or subsequent to the person’s adjudication for attempt or conspiracy to commit a felony, under Colorado or any other state’s law or under federal law.

New Section 6 ( c ):

(6) (c)  The written statement shall provide that:

(I) (A)  A person commits the crime of possession of a weapon by a previous offender in violation of this section if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h), or any other weapon that is subject to the provisions of this title subsequent to the person’s conviction for a felony OFFENSE DEFINED IN SECTION * 24-4.1-302 (1), C.R.S., OR FOR BURGLARY, ARSON, OR ANY FELONY INVOLVING THE USE OF FORCE OR THE USE OF A DEADLY WEAPON, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, or subsequent to the person’s conviction f or a misdemeanor crime of domestic violence as defined in 18 U.S.C. sec. 921 (a) (33) (A), or subsequent to the person’s conviction for attempt or conspiracy to commit such misdemeanor crime of domestic violence;

Old Section ( c ):

(c) The written statement shall provide that:

(I) (A) A person commits the crime of possession of a weapon by a previous offender in violation of this section if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h), or any other weapon that is subject to the provisions of this title subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, or subsequent to the person’s conviction for a misdemeanor crime of domestic violence as defined in 18 U.S.C. sec. 921 (a) (33) (A), or subsequent to the person’s conviction for attempt or conspiracy to commit such misdemeanor crime of domestic violence; and

(B) For the purposes of this paragraph (c), “felony” means any felony under Colorado law, federal law, or the laws of any other state; and

The Rest Of the Law Remained Unchanged  – SAME New and Old

(4) (a) Except as otherwise provided by paragraphs (b) and (c) of this subsection (4), a person commits a class 6 felony if the person violates subsection (3) of this section.

(b) A person commits a class 5 felony, as provided by section 18-12-102, if the person violates subsection (3) of this section and the weapon is a dangerous weapon, as defined in section 18-12-102 (1).

(c) A person commits a class 5 felony if the person commits the conduct described in subsection (3) of this section and the person’s previous adjudication was based on an act that, if committed by an adult, would constitute burglary, arson, or any felony involving the use of force or the use of a deadly weapon and the violation of subsection (3) of this section occurs as follows:

(I) From the date of adjudication to ten years after the date of adjudication, if the person was not committed to the department of institutions, or on or after July 1, 1994, to the department of human services; or

(II) From the date of adjudication to ten years after the date of release from commitment, if such person was committed to the department of institutions, or on or after July 1, 1994, to the department of human services or, if subject to supervision imposed as a result of an adjudication, ten years after the date of release from supervision.

(d) Any sentence imposed pursuant to this subsection (4) shall run consecutively with any prior sentences being served by the offender.

(5) A second or subsequent offense under paragraphs (b) and (c) of subsection (2) and paragraphs (b) and (c) of subsection (4) of this section is a class 4 felony.

… (excerpt ends).

24-4.1-302. Definitions

As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

1.   “Crime” means any of the following offenses as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:

a.   Murder in the first degree, in violation of section 18-3-102, C.R.S.;

b.   Murder in the second degree, in violation of section 18-3-103, C.R.S.;

c.   Manslaughter, in violation of section 18-3-104, C.R.S.;

d.   Criminally negligent homicide, in violation of section 18-3-105, C.R.S.;

e.    Vehicular homicide, in violation of section 18-3-106, C.R.S.;

f.    Assault in the first degree, in violation of section 18-3-202, C.R.S.;

g.    Assault in the second degree, in violation of section 18-3-203, C.R.S.;

i.    Vehicular assault, in violation of section 18-3-205, C.R.S.;

j.    Menacing, in violation of section 18-3-206, C.R.S.;

l.    First degree kidnapping, in violation of section 18-3-301, C.R.S.;

m.  Second degree kidnapping, in violation of section 18-3-302, C.R.S.;

q.    Sexual assault on a child, in violation of section 18-3-405, C.R.S.;

r.    Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;

s.    Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;

t.    Robbery, in violation of section 18-4-301, C.R.S.;

u.    Aggravated robbery, in violation of section 18-4-302, C.R.S.;

v.    Aggravated robbery of controlled substances, in violation of section 18-4-303, C.R.S.;

x.    Incest, in violation of section 18-6-301, C.R.S.;

y.    Aggravated incest, in violation of section 18-6-302, C.R.S.;

z.    Child abuse, in violation of section 18-6-401, C.R.S.;

aa.   Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;

bb.   Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103, C.R.S.;

cc.   Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section18-6-800.3 (1), C.R.S., pursuant to section 18-6-801 (1), C.R.S.;

i.     Stalking, in violation of section 18-9-111 (4), C.R.S.;

ii.    A bias-motivated crime, in violation of section 18-9-121, C.R.S.;

…..

dd.   Any criminal attempt, as described in section 18-2-101, C.R.S., any conspiracy, as described in section 18-2-201, C.R.S., any criminal solicitation, as described in section 18-2-301, C.R.S., and any accessory to a crime, as described in section 18-8-105, C.R.S., involving any of the crimes specified in this subsection (1);

ee.   Retaliation against a witness or victim, in violation of section 18-8-706, C.R.S.; or

ff.   Tampering with a witness or victim, in violation of section 18-8-707, C.R.S.

18-12-108 – Possession of Weapons by Previous Offenders

Denver Colorado Criminal Defense Lawyer

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author hmichaelsteinberg@hmichaelsteinberg.com

or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-227-7777.

If you are charged with A Colorado crime or you have questions about [shoplifting or grand theft], please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience –  specializing in Colorado Criminal Law along the Front Range.  He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.  Remember, it costs NOTHING to discuss your case.  So call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm Today

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,… and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …18-12-108 – Possession of Weapons by Previous Offenders.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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