Contact Our Federal Gun Crime Lawyers For Representation
If you or someone you know faces charges under 18 USC Section 924(c), it’s essential to seek focused legal counsel promptly. The federal criminal defense lawyers at The Law Offices of Jonathan F. Marshall are equipped with the experience and expertise to provide robust representation in cases related to possession of a firearm in furtherance of a violent crime or a drug-trafficking crime. To consult with our skilled lawyers about your situation, please call us at (877) 534-7338 or contact us online. Remember, securing strong legal representation early on can significantly impact the outcome of your case.
The federal law, specifically 18 USC Section 924(c), addresses severe penalties for individuals who use, carry, or possess a firearm in connection with a violent crime or a drug-trafficking crime. It’s imperative that individuals who find themselves facing such charges comprehend the gravity of this law and seek skilled legal representation immediately.
Primary Offense
Any person who, during and in relation to a violent crime or a drug-trafficking crime, uses, carries, or possesses a firearm to further that crime is subjected to penalties under 18 USC Section 924(c). This is in addition to the penalties for the primary violent crime or drug-trafficking crime.
Mandatory Minimum Sentences
If found guilty under this statute:
- A term of imprisonment of not less than 5 years is imposed if the firearm is simply used or carried.
- The term increases to a minimum of 7 years if the firearm is brandished.
- A minimum of 10 years if the firearm is discharged.
Enhanced Penalties
If the firearm involved is of a specific type, such as a short-barreled rifle, shotgun, semiautomatic assault weapon, machine gun, destructive device, or equipped with a silencer, the penalties are more severe. For instance, possession of a machine gun or a destructive device attracts a minimum sentence of 30 years.
Subsequent Violations
Repeat offenders or those with prior convictions under this subsection face even stiffer penalties, including a minimum imprisonment term of 25 years or potential life imprisonment in certain cases involving specific firearms.
Concurrent Sentences Prohibited
It’s crucial to understand that any term of imprisonment under 18 USC Section 924(c) runs consecutively, not concurrently, with any other term of imprisonment, including the primary violent crime or drug-trafficking crime.
Drug Trafficking Crime
This refers to any felony punishable under the Controlled Substances Act and the Controlled Substances Import and Export Act.
Crime Of Violence
This means an offense that is a felony and either uses, attempts to use, or threatens physical force against another person or property or involves a significant risk that physical force might be used during the crime’s commission.
Defenses To A Possession Of A Firearm In Furtherance Of A Violent Crime Or A Drug-Trafficking Crime Charge
No Connection Between The Firearm And The Crime
One of the primary elements of an 18 USC Section 924(c) charge is that the firearm must be used, carried, or possessed “during and in relation to” a violent crime or drug-trafficking crime. If the defense can establish that there is no substantial connection between the firearm and the primary offense, this could challenge the charge’s basis.
Lack Of Knowledge Or Intent
The prosecution must prove that the defendant knowingly used, possessed, or carried the firearm in connection with the primary crime. A viable defense strategy could be to challenge the knowledge or intent component. If the defendant was unaware of the firearm’s presence or did not intend to use it to further the crime, it could negate this element of the charge.
Absence Of A Violent Crime Or Drug-Trafficking Crime
18 USC Section 924(c) operates on the premise that there’s a primary violent crime or drug-trafficking crime in play. If the defense can challenge the underlying crime’s validity or demonstrate that the defendant wasn’t engaged in such a crime, the firearm charge may not stand.
Misidentification Or Mistaken Fact
It’s possible that the firearm was not actually present at the scene or that another person was the actual possessor of the weapon. Establishing a case of mistaken identity or demonstrating that facts have been misconstrued can be a potential defense.
Violation Of Constitutional Rights
If the firearm was discovered through an illegal search and seizure in violation of the Fourth Amendment, the defense could move to suppress the firearm as evidence. Without the firearm as evidence, the prosecution’s case under 18 USC Section 924(c) could be weakened significantly.
No Actual Possession
The statute distinguishes between “using,” “carrying,” and “possessing” a firearm. The defense might argue that the defendant did not have actual possession of the firearm. For instance, if the weapon was found in a location over which the defendant had no control or dominion, it could be argued they didn’t possess it in connection with the crime.
Firearm Not Operational
While the statute doesn’t explicitly mention the operational status of the firearm, some defenses might revolve around the firearm’s functionality. If the firearm is inoperable and cannot be readily fired, the defense might argue that it could not have been used to further the crime.
Frequently Asked Questions
What Does “During And In Relation To” Mean In The Context Of This Statute?
It means that the firearm must have a connection or nexus to the crime. Simply possessing a firearm isn’t enough; it must be connected to the drug trafficking crime or crime of violence in some significant manner, such as being used, carried, or possessed to further the primary offense.
Can I Face Multiple Charges Under This Statute For A Single Incident?
Yes, if multiple firearms are used or if a firearm is used in multiple ways during the commission of a crime (e.g., first brandished and then discharged), it’s possible to face multiple charges under 18 USC Section 924(c).
What Are The Penalties For Subsequent Violations Of This Statute?
Repeat offenders or those with prior convictions under 18 USC Section 924(c) face stiffer penalties, including a minimum imprisonment term of 25 years or potential life imprisonment in specific cases involving certain types of firearms.
What Are Some Related Federal Offenses?
Beyond 18 USC Section 924(c), there are various federal offenses related to firearms and their use in crimes. For example, illegal sale or distribution of firearms, possession of a firearm by a prohibited person, and trafficking firearms across state lines are all federal offenses. Additionally, using a firearm in connection with a federal drug trafficking offense or violent crime can lead to charges under multiple federal statutes.
If The Firearm Was Not Used But Simply Found At The Scene, Can I Still Be Charged?
Yes. Even if the firearm was not actively used during the crime, simply carrying or possessing it “in furtherance” of a drug trafficking crime or crime of violence is enough for a charge under 18 USC Section 924(c). The key is the connection between the firearm and the primary crime.
Federal Firearm Possession Lawyer
If you or someone you know is facing a charge under 18 USC Section 924(c) for possession of a firearm in furtherance of a violent crime or a drug-trafficking crime, swift legal action is essential. The federal criminal defense lawyers at The Law Offices of Jonathan F. Marshall are equipped with the expertise to defend against such severe charges. Don’t leave your future to chance; seek the experienced representation that can make a difference. Call us at (877) 534-7338 or reach out online for prompt and professional assistance with your possession of a firearm in furtherance of a violent crime or a drug-trafficking crime.
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