Illegal discharge of a firearm in Colorado

What the charge means

Prosecutors must prove each of these elements beyond a reasonable doubt:

• A discharge. You fired a gun. The state does not have to prove the bullet went inside. A round that strikes an outside wall or lodges in siding can support the charge.
• A protected target. The shot went into a dwelling, into any other building or occupied structure, or into a motor vehicle occupied by any person. A dwelling counts even if nobody was home at the time. For a vehicle, someone must have been in it.
• The mental state. You acted knowingly or recklessly. Knowingly means you were aware of what you were doing. Recklessly means you consciously disregarded a substantial risk, which is how celebratory or careless gunfire ends up charged as a felony.

Common scenarios include a round fired into the air that comes down through a roof, a shot fired at what the person believed was an empty house, a warning shot that hits a neighbor's wall, and drive by shooting allegations where the fight is over who fired. The statute has a narrow exception for peace officers acting within their duties.

Because the same facts can also be charged as assault, menacing, or attempted homicide when prosecutors believe a person was targeted, what gets filed, and what it can be reduced to, is often where the case is won or lost.

Classification and sentencing

Illegal discharge of a firearm is a class 5 felony. Under C.R.S. 18-1.3-401, if the court imposes a prison sentence, the presumptive range is 1 to 3 years in the Department of Corrections, followed by 2 years of mandatory parole. A fine of $1,000 to $100,000 is also possible.

Nothing in this statute requires prison. Probation, community corrections, and other sentences are often available for a class 5 felony, so the range above describes what applies only if the court orders incarceration. That said, the ceiling can rise to 6 years in the aggravated range, for example if the person was on probation, parole, or certain bond statuses at the time.

Keep in mind that companion charges change the picture. If prosecutors add counts like felony menacing or assault, some of those carry crime of violence sentencing with mandatory prison. The illegal discharge count itself does not.

What else it touches

A felony gun conviction follows you:

• Firearms. A felony conviction bars gun possession under both Colorado's POWPO statute and federal law. Possessing a firearm afterward is a new felony.
• Immigration. A firearm offense conviction is a ground of deportability for a noncitizen under federal immigration law.
• Record sealing. A class 5 felony conviction is generally eligible for sealing after a waiting period, usually three years from the end of the case or sentence, if other requirements are met.
• Housing and work. A felony weapons conviction appears on background checks and can affect professional licenses.

We defend illegal discharge cases across Colorado. A consultation is the right place to get answers about your specific situation, including the physical evidence, the mental state the state can actually prove, and how companion charges affect your exposure.