Statute for 18 – 12 – 107.5 – Illegal Discharge Of A Firearm
Here is the charge you are facing:
18-12-107.5. Illegal discharge of a firearm – penalty
(1) Any person who knowingly or recklessly discharges a firearm into any dwelling or any other building or occupied structure, or into any motor vehicle occupied by any person, commits the offense of illegal discharge of a firearm.
(2) It shall not be an offense under this section if the person who discharges a firearm in violation of subsection (1) of this section is a peace officer as described in section 16-2.5-101, C.R.S., acting within the scope of such officer’s authority and in the performance of such officer’s duties.
(3) Illegal discharge of a firearm is a class 5 felony.
When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases. To answer these questions, Defense Attorney turn to "case law." That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.
Colorado Penalties for Illegal Discharge Of A Firearm
The charge of Illegal Discharge Of A Firearm, is categorized as a:
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
After you have hired a CO Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.
The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your CO Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.
Please find the model jury instruction for Illegal Discharge Of A Firearm below. These will be adapted by your CO Attorney for your case.
The elements of the crime of illegal discharge of a firearm are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly or recklessly, 4. discharged a firearm, 5. into a [dwelling, building, or occupied structure] [motor vehicle occupied by any person]. 6. [without the affirmative defense in instruction number __________.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of illegal discharge of a firearm. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of illegal discharge of a firearm. NOTES ON USE Delete inapplicable bracketed material. When this instruction is used, the applicable definitions of “firearm,” “building,” “occupied structure,” “dwelling,” and “motor vehicle” must be given. ?18-12-107.5(2), C.R.S. sets forth a circumstance in which the discharge of a firearm is not an offense. People v. Serpa, 992 P.2d 682 (Colo. App. 1999) (there is no requirement that the bullet actually entered the living area of a dwelling, as long as it strikes part of the dwelling). People v. White, 55 P.2d 220 (Colo. App. 2002) (the bullet need not enter the passenger compartment of a vehicle, as long as it strikes the occupied motor vehicle).
To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver Colorado Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Illegal Discharge Of A Firearm.
Don’t Forget about Immigration:
If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.