Federal Use of a Firearm in a Crime

Chicago Federal Use of a Firearm in a Crime of Violence or Drug Trafficking Crime Defense Lawyer

Federal Use of a Firearm in a Crime of Violence or Drug Trafficking Crime – 18 U.S.C. § 924(c)

As an experienced criminal defense attorney based in Chicago, I have represented numerous clients facing serious federal charges. Among the most severe and complex are charges under 18 U.S.C. § 924(c), which addresses the use of a firearm in a crime of violence or drug trafficking crime. This statute imposes harsh penalties and adds significant complexity to any case involving firearms and federal offenses. Understanding the intricacies of this statute and the potential defenses available is crucial for anyone facing such charges. As an experienced Illinois criminal defense attorney, I will explore the relevant statutes, 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 imposes mandatory minimum penalties for using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime. The statute also criminalizes possessing a firearm in furtherance of such crimes. The penalties under this statute are severe and are meant to deter the use of firearms in the commission of serious federal offenses.

Under 18 U.S.C. § 924(c)(1)(A), any person who uses or carries a firearm during and in relation to a crime of violence or drug trafficking crime, or who possesses a firearm in furtherance of such a crime, shall be sentenced to a term of imprisonment of not less than five years. This mandatory minimum increases based on specific circumstances, such as:

• If the firearm is brandished, the mandatory minimum sentence increases to seven years.
• If the firearm is discharged, the mandatory minimum sentence increases to ten years.
• If the firearm is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the mandatory minimum sentence increases to ten years.
• If the firearm is a machine gun, or equipped with a silencer or muffler, the mandatory minimum sentence increases to thirty years.

The statute also imposes additional penalties for repeat offenders. For a second or subsequent conviction under 18 U.S.C. § 924(c), the mandatory minimum sentence increases to twenty-five years. These sentences must be served consecutively to any other sentence imposed, meaning they are added on top of the penalties for the underlying crime of violence or drug trafficking crime.

To fully grasp the implications of 18 U.S.C. § 924(c), it is essential to understand the legal definitions relevant to this statute. Here are some key terms and concepts:

Firearm: The term “firearm” is defined broadly and includes any weapon that can expel a projectile by the action of an explosive. This definition also encompasses the frame or receiver of such a weapon, any firearm muffler or silencer, and destructive devices.

Crime of Violence: A “crime of violence” is defined under 18 U.S.C. § 924(c)(3) and includes any felony that involves the use, attempted use, or threatened use of physical force against a person or property. It also includes any felony that, by its nature, involves a substantial risk that physical force may be used.

Drug Trafficking Crime: 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. § 70501 et seq.).

Use of a Firearm: The “use” of a firearm in relation to a crime requires active employment of the firearm, such as brandishing, displaying, or discharging it.

Carrying a Firearm: “Carrying” a firearm involves having the firearm on one’s person or within reach during the commission of the crime.

Possession in Furtherance: “Possession in furtherance” of a crime means that the firearm must have played a role in the crime, such as providing protection or intimidating others.

Understanding these definitions is crucial for interpreting the statute and developing effective defense strategies.

Potential Penalties and Consequences

The penalties for violating 18 U.S.C. § 924(c) are among the most severe in federal criminal law. Convictions under this statute carry mandatory minimum sentences that must be served consecutively to any other sentences imposed for the underlying crime of violence or drug trafficking crime. Here is a detailed overview of the potential penalties:

Minimum Sentences: As previously mentioned, the statute imposes minimum sentences ranging from five to thirty years, depending on the specifics of the offense. These minimums apply regardless of the defendant’s prior criminal history or other mitigating factors.

Consecutive Sentences: The sentences for 18 U.S.C. § 924(c) offenses must be served consecutively to any other sentences. This means that the time served for the firearm offense is added on top of the sentence for the underlying crime, significantly increasing the total time the defendant will spend in prison.

Life Imprisonment: In cases where the firearm used is a machine gun or is equipped with a silencer, the statute mandates a sentence of thirty years to life imprisonment. This applies even for first-time offenders.

Repeat Offenders: For individuals with prior convictions under 18 U.S.C. § 924(c), the statute imposes a mandatory minimum sentence of twenty-five years for each subsequent conviction. These sentences are also served consecutively, leading to extraordinarily long prison terms for repeat offenders.

In addition to imprisonment, a conviction under 18 U.S.C. § 924(c) carries other serious consequences. These include substantial fines, forfeiture of assets related to the offense, and a permanent criminal record. A federal felony conviction can also have long-term impacts on employment opportunities, housing options, and other aspects of life.

Given the severity of these penalties, it is imperative to mount a strong defense to challenge the charges and mitigate the potential consequences.

Common Defenses for 18 U.S.C. § 924(c) Charges

Defending against charges under 18 U.S.C. § 924(c) requires a thorough understanding of the statute and the specific facts of the case. Here are some common defenses that can be effective in challenging these charges:

One possible defense is to challenge the legality of the traffic stop or search that led to the discovery of the firearm. If law enforcement officers did not have reasonable suspicion or probable cause to conduct the stop or search, any evidence obtained as a result may be inadmissible in court. This can significantly weaken the prosecution’s case.

Another defense strategy involves questioning whether the defendant actually used, carried, or possessed the firearm in relation to the crime. The prosecution must prove that the firearm was used or possessed during and in relation to the crime of violence or drug trafficking crime. If there is insufficient evidence to establish this connection, the charges under 18 U.S.C. § 924(c) may not hold.

Challenging the credibility of the prosecution’s witnesses is also a common defense tactic. This can involve cross-examining witnesses to highlight inconsistencies in their testimony or presenting evidence that contradicts their statements. If the prosecution’s witnesses are not credible, this can create reasonable doubt in the minds of the jurors.

In some cases, the defense may argue that the defendant did not have the requisite intent to use, carry, or possess the firearm in relation to the crime. This can involve presenting evidence that the defendant was unaware of the firearm’s presence or that it was not intended to be used in the commission of the crime. Demonstrating a lack of intent can be a powerful defense in challenging the charges.

Each case is unique, and the best defense strategy will depend on the specific facts and circumstances. Consulting with an experienced criminal defense attorney is essential for developing a tailored defense plan that addresses the nuances of the case.

Relevant Firearm Charge FAQs

What constitutes “use” of a firearm under 18 U.S.C. § 924(c)?

The term “use” of a firearm under 18 U.S.C. § 924(c) requires active employment of the firearm. This can include actions such as brandishing, displaying, firing, or otherwise employing the firearm in a manner that advances the crime of violence or drug trafficking crime. Simply possessing a firearm without actively using it may not meet the statutory definition of “use.”

What does it mean to “carry” a firearm in relation to a crime?

“Carrying” a firearm involves having the firearm on one’s person or within immediate reach during the commission of the crime. This can include situations where the firearm is in a holster, in a vehicle, or otherwise readily accessible. The prosecution must demonstrate that the firearm was available for use during the crime.

What is the difference between “use” and “possession” of a firearm under this statute?

The distinction between “use” and “possession” of a firearm under 18 U.S.C. § 924(c) lies in the manner in which the firearm is involved in the crime. “Use” requires active employment of the firearm, while “possession” can be more passive and simply requires having control over the firearm. Possession in furtherance of a crime means that the firearm must have played a role in facilitating or advancing the crime.

Can a person be charged under 18 U.S.C. § 924(c) if the firearm was not loaded?

Yes, a person can be charged under 18 U.S.C. § 924(c) even if the firearm was not loaded. The statute does not require the firearm to be loaded for the offense to apply. The focus is on the presence and potential use of the firearm in relation to the crime, not its operational status.

How does the mandatory minimum sentencing work under 18 U.S.C. § 924(c)?

The mandatory minimum sentencing under 18 U.S.C. § 924(c) means that the court must impose a minimum sentence specified by the statute, regardless of mitigating factors or the defendant’s criminal history. These sentences range from five years to life imprisonment, depending on the specific circumstances of the offense, such as whether the firearm was brandished or discharged. The mandatory minimum sentences must be served consecutively to any other sentences imposed for the underlying crime.

Why Defendants Need an Attorney

Facing charges under 18 U.S.C. § 924(c) is a serious matter that requires skilled legal representation. The complexities of federal firearm laws and the severe penalties associated with these charges make it imperative to have an experienced attorney by your side. Here’s why you need an attorney and why you should choose The Law Offices of David L. Freidberg:

An attorney will ensure that your rights are protected throughout the legal proceedings, from the initial investigation to the trial. This includes challenging any violations of your constitutional rights, such as unlawful searches and seizures or lack of proper Miranda warnings. Developing an effective defense strategy is crucial for achieving a favorable outcome. An experienced attorney can identify weaknesses in the prosecution’s case and present a strong defense on your behalf. This may involve filing pretrial motions, cross-examining witnesses, and presenting exculpatory evidence.

In many cases, an attorney can negotiate with the prosecution for reduced charges or alternative sentencing options. This can result in more favorable outcomes, such as probation or shorter prison sentences. Facing federal charges can be incredibly stressful and overwhelming. An attorney can provide guidance, support, and reassurance throughout the process, helping you understand your options and make informed decisions.

Call The Law Offices of David L. Freidberg For Your Free Consultation

If you are facing charges under 18 U.S.C. § 924(c) for the use of a firearm in a crime of violence or drug trafficking crime, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled 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.