Colorado Illegal Killing, Possession, and Waste Attorneys

Defending Hunters Throughout Colorado

Illegally hunting in the state of Colorado can have lasting penalties for hunters. While the majority of these cases involve hunting without a license, or the wrong type of license, how a hunter disposes of an animal’s carcass and any trophies can lead impact how a court handles a charge. Accusations of poaching can quickly result in additional charges of illegal possession of wildlife remains and wasteful disposal.

Beating a wildlife violation requires an in-depth understand of state and national hunting laws. At Welsh Law, LLC, our lead attorney is an experienced Colorado wildlife defense attorney and avid hunter himself. He understands the harsh consequences of a conviction, but he also has the knowledge and skill to get your charges reduced or dismissed.

Never go into the field alone. Let our Colorado illegal killing defense attorney be your guide. Call us at (720) 836-1777 to discuss your case in a free, confidential consultation.

Back to Top

Common Violations Involving Illegal Hunting

Illegally killing wildlife can result in a violation of several Colorado Wildlife and Parks (CWP) statutes, depending on the circumstances of your charges. Most cases involve a hunting license violation, such as hunting without a license or hunting out of season. In order to hunt in our state, hunters must have purchased a valid license for the specific game they are hunting. There are several over-the-counter licenses (OTCs) that allow hunters to hunt certain animals all throughout a season, such as turkey, but hunters are required to purchase big game licenses for larger animals like elk, moose, and bears. Hunting without the proper license can make a hunt an illegal kill and can result in a license suspension, expensive fees, and additional punishments.

An illegal kill can result in further violations based on how a hunter handles the remains. Possessing an animal’s remains after an illegal kill can result in a charge under CWP § 33-6-109, which comes with points on your hunting license, thousands of dollars in fines, and even jail time, depending on the specific animal involved. This means that taking trophies or meat from illegal kill can result in additional charges.

Remains must also be disposed of properly according to state regulations. Leaving a carcass at the site of a kill is considered an act of willful destruction of wildlife under CWP § 33-6-117. This can lead to up to twenty points on a license, which is an automatic suspension for one year, jail time, and up to $20,000 in fines.

Back to Top

How Illegal Kills Are Punished

The CWP can issue several punishments during a wildlife violation case, but there are two main areas that it focuses on: administrative punishments and criminal punishments.

Administrative punishments refer to a hunter’s license and ability to hunt in Colorado and other states. Each wildlife violation comes with a specific number of suspension points that can be assigned to a hunter’s license, similar to how a driver license can accumulate license points for traffic charges. Even if your license expires, those points will remain with the CWP and can carry over to any future licenses. Once a hunter receives at least 20 points in a five year period, they are “considered for suspension.” At this point, the CWP will determine if you should be suspended from hunting and how long the suspension will last.

The other side of the case is the criminal punishments. The CWP has classified certain violations as either misdemeanors or felonies, with misdemeanors resulting in up to a year in county jail and felonies leading to over a year in state prison. The CWP can also issue court fines for a violation, ranging from hundreds of dollars to tens of thousands.

The CWP will take into account the type of violations you committed when assigning suspension points, jail times, and court fees. For an illegal hunt, the CWP can punish you with:

• Hunting License Violation: License violations will be punished based on CWP § 33-6-107, but most charges are treated as misdemeanors and come with fines of twice the cost of the most expensive license, hundreds to thousands of dollars in fines, and up to 15 suspension points.
• Willful Destruction: Class 5 felony for big game, eagles, and endangered species. Penalties include a fine of $1,000 to $20,000, 20 license suspension points, license suspension for between one year to life, and one to two years in state prison. All other species are treated as a misdemeanor, which can result in a $1,000 fine, 20 license suspension points, and up to one year in county jail.
• Illegal Possession: Penalties are based on the specific game, but this charge is generally treated as a misdemeanor, which comes with up to one year in county jail, fines between $750 to $100,000, and up to 20 suspension points.

Back to Top

Building a Defense Strategy

Your defense strategy will depend on the specific charges you are facing and the nature of your arrest. Hunters do have a right to an attorney during CWP assessments, and Welsh Law, LLC can defend you in both license suspension hearings and criminal charges. Our lead attorney is an experienced trial attorney who can defend you by showing that:

• You had proper licensing to hunt.
• You did not take a trophy and did not illegal possess wildlife.
• You attempted to properly dispose of the carcass.
• You were falsely accused.
• There is not enough evidence to convict you.

If you or someone you love has been charged with illegally hunting wildlife, do not hesitate to contact our Colorado wildlife defense attorney at Welsh Law, LLC. We have extensive knowledge of CWP laws and regulations and will use them to defend your rights. Call us at (720) 836-1777 to discuss your case in a free consultation.

Back to Top