FEDERAL CRIMINAL DEFENSE ATTORNEY IN WASHINGTON D.C. & MARYLAND

FEDERAL CRIMINAL DEFENSE ATTORNEY IN WASHINGTON D.C. & MARYLAND

Federal firearms charges are used aggressively by the government to prosecute different types of crimes such as violent and/or drug crimes. Firearms charges in federal court can carry severe penalties such as mandatory minimum prison sentences or certain sentencing enhancements.

Federal firearm laws are commonly used to target persons accused of violent crimes and/or drug trafficking. Possession of firearms by convicted felons or drug users can carry up to ten years in federal prison. However, if a person has previously been convicted of prior violent felonies or drug charges, the penalty dramatically increases, and a person must serve a minimum of fifteen years in prison if convicted. Federal prosecutors normally use the threat of sentencing enhancements to leverage plea deals. For example, the use of a shotgun can add ten years to a sentence if used in a violent crime. If an automatic weapon, silencer, or destructive device is used, thirty years imprisonment can be added to the underlying charge.

Possession of a Firearm by a Convicted Felon: [18 U.S.C. §922(g)]

1. That the defendant had previously been convicted of a crime punishable by a term of imprisonment exceeding one year.
2. That the defendant knowingly possessed, transported, shipped or received the firearm.
3. That the firearm was in or affected interstate commerce
   (i)Additionally, the defendant must be aware of his/her status as a convicted felon, and that he/she was prohibited from possessing a firearm.

Using or Carrying a Firearm During or in Relation to or in Furtherance of Drug Trafficking or a Crime of Violence: [18 U.S.C. §924(c)]

1. That the defendant knowingly used, carried, or possessed a firearm
2. That the use of carrying was during or in relation to [or the possession] was in furtherance of a drug trafficking crime [crime of violence]
   (i)If convicted of this charge, the law requires that a person be sentenced to a consecutive (additional) term of imprisonment to any other count in the indictment.