As an experienced criminal defense attorney in Chicago, I understand the gravity of facing federal charges, especially those involving firearms. One of the most severe and complex charges under federal law is the use of a firearm in a crime of violence or drug trafficking crime, governed by 18 U.S.C. § 924(c). This statute imposes harsh penalties and can significantly increase the severity of the underlying offense. In this article, I will provide a detailed overview of the statute, relevant laws, potential penalties, common defenses, and the importance of having skilled legal representation.
Understanding the Statute and Relevant Laws
18 U.S.C. § 924(c) is a federal statute that specifically addresses the use of firearms in connection with crimes of violence or drug trafficking offenses. The statute mandates severe penalties for individuals who use, carry, or possess a firearm during and in relation to any crime of violence or drug trafficking crime. The law is designed to deter the use of firearms in these serious offenses and to impose additional punishment on those who do.
A “crime of violence” under this statute is defined as an offense that is a felony and:
- Has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
- Is a felony that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
A “drug trafficking crime” includes any felony punishable under the Controlled Substances Act (21 U.S.C. § 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. § 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. § 1901 et seq.).
The statute imposes mandatory minimum sentences that must be served consecutively to any other sentence imposed for the underlying crime of violence or drug trafficking crime. For example, the mandatory minimum sentence for using or carrying a firearm during a crime of violence or drug trafficking crime is five years. If the firearm is brandished, the mandatory minimum increases to seven years, and if the firearm is discharged, the minimum is ten years. If the offense involves a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the mandatory minimum sentence is ten years. If the firearm is a machine gun or a destructive device, or is equipped with a silencer or muffler, the mandatory minimum is thirty years.
These penalties reflect the seriousness with which federal law treats the use of firearms in connection with violent crimes and drug trafficking offenses. Understanding the criminal statute and the severe consequences of a conviction is crucial for anyone facing these charges.
Potential Penalties and Consequences
The penalties for violating 18 U.S.C. § 924(c) are severe and can significantly enhance the punishment for the underlying offense. In addition to the mandatory minimum sentences, individuals convicted under this statute face a range of other potential penalties and consequences.
One of the most significant consequences is the requirement that the sentence for a § 924(c) violation be served consecutively to any other sentence. This means that the additional time imposed for the firearm offense must be added on top of the sentence for the underlying crime of violence or drug trafficking offense. This can result in extremely long prison sentences, especially for individuals with multiple counts or prior convictions.
In addition to the lengthy prison sentences, individuals convicted under § 924(c) may also face substantial fines. The fines for federal firearms offenses can range into the hundreds of thousands of dollars, depending on the specifics of the case and the defendant’s financial situation.
Another significant consequence is the loss of certain civil rights. Individuals convicted of a federal felony, including those under § 924(c), lose the right to vote, the right to serve on a jury, and the right to possess firearms. These losses can have long-lasting impacts on an individual’s personal and professional life.
A federal conviction also results in a permanent criminal record, which can affect employment opportunities, housing options, and other aspects of life. Many employers, landlords, and licensing boards conduct background checks, and a conviction for a serious federal offense can limit your options in many areas.
In addition to these direct penalties, there are also collateral consequences to consider. These can include damage to your reputation, strained relationships with family and friends, and the psychological impact of serving a lengthy prison sentence. The stigma associated with a federal firearms conviction can be difficult to overcome and can affect every aspect of your life.
Given the severity of these penalties and consequences, it is essential to mount a strong defense and to seek experienced legal representation if you are facing charges under 18 U.S.C. § 924(c).
Common Defenses for Federal Firearms Charges
Defending against charges under 18 U.S.C. § 924(c) requires a strategic approach and a thorough understanding of federal firearms laws. There are several common defenses that can be effective in challenging these charges.
One potential defense is to argue that the firearm was not used, carried, or possessed “during and in relation to” the underlying crime of violence or drug trafficking offense. The prosecution must prove a connection between the firearm and the underlying offense, and if this connection is weak or nonexistent, it may be possible to challenge the charge.
Another defense is to challenge the legality of the search and seizure that led to the discovery of the firearm. The Fourth Amendment protects against unreasonable searches and seizures, and any evidence obtained in violation of these protections may be inadmissible in court. This can involve challenging the validity of the search warrant, the scope of the search, or the manner in which the search was conducted.
The defense may also argue that the defendant did not knowingly possess the firearm. Knowledge is a key element of the offense, and the prosecution must prove that the defendant was aware of the presence of the firearm and its connection to the underlying offense. If the defense can demonstrate that the defendant was unaware of the firearm, this can be a strong defense.
Another potential defense is to argue that the firearm was not operable or capable of being used in the commission of the offense. This can involve presenting evidence or expert testimony to show that the firearm was inoperable or that it did not meet the legal definition of a firearm.
Each case is unique, and the best defense strategy will depend on the specific facts and circumstances. Consulting with an experienced criminal defense attorney who understands federal firearms laws is essential for developing a tailored defense plan that addresses the specifics of your case and maximizes the chances of a favorable outcome.
Federal Gun Crime Frequently Asked Questions (FAQs)
What is 18 U.S.C. § 924(c)?
18 U.S.C. § 924(c) is a federal statute that imposes severe penalties for the use, carrying, or possession of a firearm during and in relation to any crime of violence or drug trafficking crime. The statute mandates mandatory minimum sentences that must be served consecutively to any other sentence imposed for the underlying offense.
What constitutes a “crime of violence” under 18 U.S.C. § 924(c)?
A “crime of violence” under 18 U.S.C. § 924(c) is defined as an offense that is a felony and either has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or is a felony that involves a substantial risk that physical force may be used in the course of committing the offense.
What are the penalties for violating 18 U.S.C. § 924(c)?
The penalties for violating 18 U.S.C. § 924(c) are severe and include mandatory minimum sentences that must be served consecutively to any other sentence. The mandatory minimum sentences range from five years to thirty years, depending on the specific circumstances of the offense. Additional penalties can include substantial fines, loss of certain civil rights, and a permanent criminal record.
Can I be charged under 18 U.S.C. § 924(c) if I did not actually use the firearm?
Yes, you can be charged under 18 U.S.C. § 924(c) even if you did not actually use the firearm. The statute also covers carrying or possessing a firearm during and in relation to a crime of violence or drug trafficking crime. The prosecution must prove a connection between the firearm and the underlying offense.
What are some common defenses against charges under 18 U.S.C. § 924(c)?
Common defenses against charges under 18 U.S.C. § 924(c) include arguing that the firearm was not used, carried, or possessed “during and in relation to” the underlying offense, challenging the legality of the search and seizure, arguing lack of knowledge of the firearm, and demonstrating that the firearm was inoperable or did not meet the legal definition of a firearm.
Why is it important to have an attorney for charges under 18 U.S.C. § 924(c)?
Charges under 18 U.S.C. § 924(c) carry severe penalties and complex legal issues. An experienced attorney can provide the necessary expertise to develop a strong defense strategy, protect your rights, and navigate the federal criminal justice system. Your attorney can identify weaknesses in the prosecution’s case, negotiate for reduced charges or alternative sentencing, and provide guidance and support throughout the legal process.
Call The Law Offices of David L. Freidberg
Facing charges under 18 U.S.C. § 924(c) is a serious matter that requires skilled legal representation. Contact The Law Offices of David L. Freidberg for dedicated and experienced legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.