Denver Possession of Weapon by Previous Offender Lawyer
Colorado’s possession of weapon by previous offender statute, commonly called POWPO, is one of the most aggressively prosecuted weapons charges in the state. It targets people with prior felony convictions who are later found in possession of a firearm or other dangerous weapon, and it carries penalties that can fundamentally alter the rest of someone’s life. A Denver possession of weapon by previous offender lawyer at DeChant Law understands both the technical complexity of these charges and the human weight they carry. Reid has defended clients at the lowest points of their lives, and this charge often arrives at exactly that kind of moment.
What Colorado’s POWPO Law Actually Covers
Many people assume POWPO is straightforwardly about guns. It is broader than that. Under C.R.S. 18-12-108, a person commits this offense if they knowingly possess, use, or carry a firearm or other dangerous weapon after being convicted of or adjudicated delinquent for a felony. The statute reaches not just firearms, but also knives with blades over three and a half inches, blackjacks, gas guns, and other items classified as dangerous weapons under Colorado law.
The predicate offense matters enormously to how the charge is classified. If the underlying felony was a crime of violence or certain drug offenses, prosecutors often pursue more aggressive charging. A standard POWPO conviction is a class 6 felony, meaning fines, probation, and up to 18 months in prison. When the prior offense elevates the charge, the exposure increases significantly. These distinctions are not administrative technicalities. They directly determine what sentencing range a judge can impose and whether mandatory minimums come into play.
Colorado courts have also addressed what “possession” means in this context. Actual possession, meaning the weapon is physically on the person, is the clearest scenario. But constructive possession, where someone has access to and control over a weapon even without physical contact, is equally prosecutable. A firearm in a shared apartment, a car with multiple occupants, or a storage space that multiple people access can all give rise to constructive possession arguments. This is often where the most contested factual disputes arise in these cases.
How These Cases Come to Denver Courts and Where They Break Down
POWPO charges in Denver frequently originate from traffic stops, domestic violence calls, probation searches, and parole compliance checks. Denver Police and Colorado State Patrol work major corridors including I-25 through the city, Federal Boulevard, and Colfax Avenue, and stops on these roads sometimes surface weapons that then trigger a records check revealing a prior felony. Cases also arise from 911 calls in neighborhoods like Montbello, Globeville, and Sun Valley, where community tensions and police presence create frequent contacts between residents and law enforcement.
What separates cases that result in conviction from those that get dismissed or significantly reduced often comes down to the quality of the underlying stop or search. The Fourth Amendment does not disappear because someone has a prior felony. If the traffic stop lacked reasonable suspicion, if the search exceeded its stated justification, or if officers relied on a warrant with technical deficiencies, the weapon evidence may be suppressible. Suppression of the weapon is frequently the end of the case. Reid’s background handling cases across Denver, Adams County, and Broomfield County means he has seen how different agencies conduct these stops and where their practices create vulnerabilities for the defense.
Constructive possession cases have their own fracture points. When multiple people have access to a space and the weapon’s ownership is genuinely ambiguous, the prosecution’s burden to prove knowing possession beyond a reasonable doubt is a real burden, not a formality. Fingerprint evidence, text messages, testimony from other occupants, and the positioning of the weapon within a space all become relevant, and each is subject to challenge.
The Weight a Prior Record Places on Current Charges
A client facing POWPO is, by definition, someone who has already moved through the Colorado criminal system at least once. That history shapes everything about how the current charge is approached, both by the prosecution and by the defense. Prosecutors in Denver District Court sometimes use a prior record to argue for the upper end of the sentencing range or to resist plea negotiations. Probation officers who supervise people with felony records are mandatory reporters when a violation occurs, so a POWPO arrest often triggers parallel proceedings: the new criminal case plus a probation or parole revocation hearing.
These parallel tracks require coordinated strategy. What happens in the criminal case can affect the revocation hearing, and what is said in one proceeding can surface in the other. Handling only the new charge without accounting for the revocation exposure leaves a significant part of the client’s situation unaddressed. At DeChant Law, Reid’s work as a public defender gave him direct experience managing cases where clients were simultaneously facing new charges and violations of supervision, and that context matters when building a defense approach.
There are also collateral consequences that extend beyond prison and fines. A second felony on someone’s record deepens the barriers to employment, housing, and professional licensing in ways that the statutory penalty schedule does not reflect. For clients with immigration status, even a class 6 felony can have removal consequences that dwarf the criminal sentence itself. Reid has worked with clients navigating the intersection of criminal charges and immigration status, and that awareness shapes how the defense is constructed from the start.
Questions People Actually Ask About POWPO Charges in Denver
Does it matter that I didn’t know the weapon was in the car or apartment?
Knowledge is a required element of POWPO. The prosecution must prove that you knowingly possessed the weapon, not just that a weapon was found nearby. If you genuinely did not know the weapon was present and there is evidence to support that, it is a real defense. The strength of that defense depends heavily on the specific facts: who else had access, how the weapon was stored, and whether any prior statements or communications tie you to it.
My prior conviction was in another state. Does Colorado’s POWPO law still apply?
Yes. The statute covers convictions from other states, federal courts, and military courts, not just Colorado felonies. The definition of what qualifies as a predicate offense looks at whether the conduct would constitute a felony under Colorado law, even if the other state classified it differently. This is a nuanced analysis that can sometimes work in a defendant’s favor.
What if my prior felony conviction was expunged or sealed?
This depends on the nature of the expungement or sealing and which jurisdiction it came from. Some expungements legally restore firearms rights; others do not. Colorado’s record sealing laws are not automatic grants of weapons rights. An attorney needs to look at the specific order from the prior case before advising on whether possession was actually prohibited.
Can a POWPO charge be reduced to a misdemeanor?
In some circumstances, prosecutors will negotiate a reduction, particularly when the evidence on the underlying charge is contested, when the weapon was not a firearm, or when there are significant sentencing concerns. Whether a reduction is available depends on the specific facts of the case, the district attorney’s office handling the prosecution, and the strength of the defense presented during negotiations.
What courts handle POWPO cases in Denver?
Because POWPO is a felony, these cases are handled in Denver District Court, located in the Lindsey-Flanigan Courthouse at 520 West Colfax Avenue. Cases originating from surrounding counties, including Adams, Jefferson, or Arapahoe, would be handled in those respective district courts. Each courthouse has its own prosecutors and judges, and familiarity with how each office approaches these charges is practically valuable in building a defense.
If the weapon was legally purchased before my felony conviction, does that matter?
No. The prohibition is based on current status as a person with a qualifying prior conviction, not on when or how the weapon was obtained. A firearm purchased legally before a felony conviction cannot legally be retained after that conviction, absent a specific restoration of rights through proper legal channels.
How quickly do I need to act after an arrest on this charge?
Promptly. If a probation or parole violation hold is placed, your liberty is already constrained independently of the new charge. Evidence needs to be preserved, including body camera footage from the stop or arrest, which agencies in Denver and surrounding counties may purge on short retention schedules. The sooner the defense begins working the case, the more options remain available.
Defending a POWPO Case in Denver
A weapons possession charge against someone with a prior record is not a foregone conclusion. Reid has taken cases to trial and achieved not guilty verdicts and dismissals in charges far more complex than many people assumed were winnable. His experience as a public defender in Denver, Broomfield, and Adams County built a foundation in exactly the kinds of cases, people with prior records facing serious new charges, that define POWPO defense. At Trial Lawyers College, he developed the storytelling approach that allows a jury to hear not just the legal theory of a case but the actual person standing before them.
If you are dealing with a Denver possession of weapon by previous offender charge, the path forward begins with an honest assessment of the evidence, the constitutional issues in how that evidence was gathered, and a clear-eyed understanding of what the prior record means for this case and your future. DeChant Law offers that assessment directly, without minimizing what you are facing or overpromising what defense can accomplish. Contact the firm to discuss the specifics of your situation.