Denver POWPO Lawyer

Colorado’s possession of a weapon by a previous offender statute is one of those charges where the courtroom stakes are defined almost entirely by what happened before the arrest, not what happened during it. A prior conviction can transform what might otherwise be a legal act into a felony, and the sentence that follows is often mandatory. Reid at DeChant Law has handled serious felony matters across Denver, Adams County, Jefferson County, and the surrounding metro, and he understands that a Denver POWPO lawyer needs to scrutinize not just the current stop or search, but the entire criminal history that the prosecution intends to use as the foundation of its case.

What Colorado’s POWPO Law Actually Prohibits

Under C.R.S. 18-12-108, a person commits possession of a weapon by a previous offender when they knowingly possess, use, or carry a firearm or other weapon after having been convicted of certain prior offenses. The most common triggering priors are felony convictions, but the statute also applies to prior misdemeanor convictions involving domestic violence. This matters because a domestic violence misdemeanor, which many people treat as a resolved matter after completing deferred sentencing or probation, can still serve as the predicate offense that transforms a person’s firearm possession into a new felony charge.

The weapon does not have to be a firearm. The statute covers other dangerous weapons as well, though the vast majority of POWPO prosecutions in Denver involve handguns. The charge is a Class 6 felony for a first POWPO offense involving a firearm, which carries a presumptive sentencing range of 12 to 18 months in the Department of Corrections. If the prior conviction was itself a felony involving a crime of violence, the POWPO charge elevates to a Class 5 felony, increasing the sentencing exposure considerably. These are not charges where probation is a guaranteed outcome, and they carry collateral consequences far beyond whatever sentence the court imposes.

Where These Cases Come From in the Denver Metro

POWPO charges in Denver rarely arise in isolation. They most often appear in the context of a traffic stop along I-25, Colfax Avenue, or Federal Boulevard where law enforcement locates a firearm in the vehicle. They also arise during domestic violence calls, where responding officers from Denver PD or Adams County find a weapon in the home of someone with a disqualifying prior. Probation and parole officers conducting home visits in northeast Denver and other areas where supervision caseloads are heavy also generate POWPO arrests, sometimes alongside new allegations and sometimes based on nothing more than the presence of a legally-owned firearm by another household member.

The charge can also emerge from a traffic stop that begins for an entirely different reason, a broken tail light, an expired registration, or a minor traffic infraction, and escalates when officers discover a firearm. Whether that discovery was lawful depends on the specific facts of the search, and that question deserves serious attention before any other analysis begins.

The Prior Conviction Is Not Always What the DA Claims It Is

One of the least obvious but most consequential issues in POWPO defense is whether the prior conviction actually qualifies as a predicate offense under the statute. This requires pulling the original charging documents, the plea agreement, and the court’s advisement from the prior case. Plea agreements are sometimes entered under unusual circumstances, charges are sometimes amended in ways that affect their classification, and not every conviction labeled as a felony carries the same weight under the weapons statute.

Domestic violence designations on prior misdemeanor convictions require similar scrutiny. The original charging documents may not have included a domestic violence finding, or the underlying facts may not have involved a domestic relationship as Colorado law defines one. Prosecutors sometimes rely on POWPO predicates that have never been properly tested, and they work. Defense attorneys who accept the prior conviction at face value without reviewing the underlying record leave their clients exposed to charges that may not hold up under challenge.

Expungement and record sealing also factor into this analysis. Colorado has expanded record sealing eligibility in recent years, and some convictions that could serve as predicate offenses may be sealable or may have already been sealed in ways that affect how they can be used. Reid has worked with clients on both new charges and the underlying records in prior cases, and that dual perspective shapes how he approaches POWPO cases from the first meeting.

Suppression and the Foundation of a POWPO Defense

Because most POWPO charges depend on the government proving that the defendant actually possessed the weapon, the factual and legal circumstances of the weapon’s discovery are the first place a defense lawyer should look. If the weapon was found during a traffic stop, was the stop itself lawful? Was the search of the vehicle based on genuine probable cause or a trained-away hunch? Was the defendant the actual possessor of the weapon, or was the firearm in a shared space, a vehicle with multiple occupants, or a home where others also resided?

Constructive possession, meaning possession where the defendant did not physically hold the weapon but allegedly had dominion and control over it, is far harder for the prosecution to prove than actual possession, and defense attorneys should push hard on the evidence supporting that theory. Juries and judges applying Colorado law require more than proximity. There has to be a meaningful connection between the defendant and the weapon, and in shared spaces, that connection is often weaker than prosecutors represent in charging documents.

Reid’s experience as a former public defender across Denver, Adams County, and Broomfield, combined with his training at Trial Lawyers College, shapes how he approaches suppression hearings and trial preparation. A motion to suppress that succeeds can eliminate the weapon from evidence entirely, and without the weapon, the prosecution often has no case to bring to trial.

Questions People Have About POWPO Charges in Colorado

Can a POWPO charge be reduced or dismissed before trial?

Yes, and it happens more often than people expect when the underlying search or prior conviction can be challenged. Prosecutors in Denver County and surrounding jurisdictions sometimes offer plea agreements to lesser charges when the defense raises credible suppression arguments or questions about the predicate conviction. The strength of those arguments depends heavily on the specific facts of the case.

What if I didn’t know the weapon was there?

Knowledge is an element the prosecution must prove. If the firearm was in a shared vehicle or a space you did not control, and you had no awareness it was present, that is a legitimate defense. The harder question is what evidence exists to support or undercut that claim, and that requires a careful review of the discovery materials.

Does a POWPO conviction affect federal firearms rights?

Yes. A POWPO conviction is a felony conviction under Colorado law, and a felony conviction triggers the federal prohibition on firearm possession under 18 U.S.C. 922(g). Federal consequences outlast any state sentence and cannot be resolved at the state level.

Can I be charged with POWPO if the gun belonged to someone else in the house?

Potentially, if the prosecution can argue you had constructive possession. But shared living spaces make that argument difficult when the weapon is clearly attributable to another resident. The key facts are who had access to the weapon, where it was stored, and whether your name or belongings were connected to it in any way.

Does it matter if my prior conviction was in another state?

Colorado’s POWPO statute applies to prior convictions from any jurisdiction. A felony conviction from another state can serve as the predicate offense. The analysis then shifts to whether that out-of-state conviction, as defined by that state’s law, is equivalent to a qualifying Colorado offense. This is a technical but significant question that can affect whether the charge holds.

Will a POWPO charge affect my immigration status?

A felony POWPO conviction can have serious immigration consequences for non-citizens, potentially triggering removal proceedings or affecting eligibility for naturalization and certain visa categories. Non-citizen clients should address immigration consequences directly with Reid during the initial case review.

What if the stop or search was clearly unlawful?

Then a motion to suppress the evidence is the first order of business. Colorado courts take Fourth Amendment violations seriously, and suppression of the weapon itself often ends the prosecution’s ability to proceed. The success of that motion depends on what the police reports say, what body camera footage shows, and how the facts compare to controlling case law.

Facing a POWPO Case in Denver Requires a Specific Kind of Preparation

A Denver weapons offense attorney handling POWPO cases needs to work backward through two cases simultaneously: the current charge and the prior conviction that makes it possible. Reid at DeChant Law approaches these cases with the same tenacity he brings to DUI defense and other serious criminal matters, because the consequences demand it. A felony on top of a prior felony carries real prison exposure, real federal firearms restrictions, and real barriers to employment and housing that follow a conviction for years. If you are dealing with a POWPO charge in Denver or anywhere in the metro, the time to start building a defense is before the prosecution finishes building its case.