A gun charge can affect your freedom and criminal record while placing your ability to lawfully possess a firearm at risk. The circumstances surrounding the accusation matter just as much as the name of the offense. A Colorado Springs gun lawyer from our firm can determine where the police found the firearm and what they knew before conducting a search, then assess whether the evidence supports the alleged unlawful conduct.
The decisions you make after your arrest can also influence how the defense develops. An experienced criminal defense attorney from our firm can evaluate the charge before you provide statements or make assumptions about what the prosecution can prove. With more than 30 years of legal experience, Geoff Heim Law emphasizes consistent preparation and direct communication so you understand the immediate case and the decisions ahead.
When Does Gun Possession Become a Criminal Offense?
The state does not treat every instance of carrying a firearm as unlawful. The circumstances determine whether possession crosses into prohibited conduct. Under Colorado Revised Statutes § 18-12-105, certain forms of concealed firearm possession can result in criminal charges, while statutory exceptions can also apply. A firearm defense attorney from our firm can examine whether the prosecution in Colorado Springs can prove each element of the charge against you and whether the facts surrounding possession support a defense.
That analysis can become more complicated if officers found the firearm somewhere that multiple people could access, such as a shared residence or vehicle. The state must connect the alleged possession to you under the applicable law. In defending you, we must consider whether the search or seizure that produced the firearm complied with constitutional requirements rather than treating the physical presence of the gun as the end of the inquiry.
Prior Convictions Can Affect Firearm Possession
A prior conviction can change which firearm restrictions apply. Under Colorado Revised Statutes § 18-12-108, prohibited possession depends on statutory requirements that include the nature of the prior offense and knowing possession of the weapon. The state has amended this provision over time, making the specific conviction and current statutory framework important to the defense. If prosecutors rely on an earlier case, the defense must evaluate more than the existence of a criminal record.
Our gun defense lawyer in Colorado Springs can assess whether any prior conviction of yours falls within the statute and whether the evidence proves knowing possession of a gun, which are separate questions. That is particularly important because the prosecution must prove the present offense through its required elements rather than rely on assumptions that your history creates.
Alleged Gun Use and the Defense Strategy
Some firearm cases focus on how the accused person allegedly handled or used a weapon, not on simple possession. Colorado Revised Statutes § 18-12-106 addresses conduct that includes unlawfully aiming a firearm at another person, certain firearm discharges, and firearm possession while under the influence. The precise allegation determines which facts the prosecution must establish.
Witness accounts, recordings, and physical evidence can present different versions of the same event. It is crucial to test a statement about where you allegedly pointed a gun against the surrounding evidence rather than to accept the assertion in isolation. Geoff Heim brings a former prosecutor’s perspective to this review, along with decades of criminal law experience and long-standing community involvement, including prior service as Chair of the Board of Directors for Safe Passage. Our attorney can use that fact-specific approach in your Colorado Springs firearm case and identify where the government’s account does not match what the evidence can prove.
Call Our Colorado Springs Attorney if You Face a Gun Charge
The prosecution in your firearm case must pay careful attention to the relevant statute, the source of the evidence, and the consequences that can follow a conviction. A Colorado Springs gun lawyer from our firm can address those issues through a defense that focuses on the facts instead of assumptions about the allegations.
Our team at Geoff Heim Law combines longevity in criminal defense with consistent preparation and straightforward client communication. Contact us today to discuss your case and determine what to do next to protect your rights.
