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

Federal firearm charges are some of the most severe criminal charges one can face. Under 18 U.S.C. § 924(c), the use of a firearm in connection with a crime of violence or a drug trafficking offense carries mandatory minimum sentences that significantly enhance the penalties associated with the underlying crime. As a seasoned criminal defense attorney in Illinois, I have seen firsthand how these charges can dramatically alter the course of an individual’s life. As an experienced Illinois criminal defense lawyer. I will explain the intricacies of 18 U.S.C. § 924(c), the legal definitions, potential penalties, common defenses, and the importance of legal representation.

The Statute and Its Implications

18 U.S.C. § 924(c) imposes strict penalties on individuals who use or carry a firearm during and in relation to a crime of violence or drug trafficking crime, or who possess a firearm in furtherance of such crimes. The statute is designed to deter the use of firearms in serious criminal activities by imposing mandatory minimum sentences that must be served consecutively to any other sentences.

The law specifies different minimum sentences based on the circumstances of the firearm use:

• A minimum of five years for using or carrying a firearm.
• A minimum of seven years if the firearm is brandished.
• A minimum of ten years if the firearm is discharged.
• A minimum of ten years for possession of a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon.
• A minimum of thirty years for possession of a machine gun, or a firearm equipped with a silencer or muffler.

For repeat offenders, the statute imposes a mandatory minimum sentence of twenty-five years for each subsequent conviction. These penalties highlight the seriousness with which federal law treats firearm involvement in violent and drug-related crimes.

Legal Definitions Under 18 U.S.C. § 924(c)

Understanding the terms defined in 18 U.S.C. § 924(c) is crucial for comprehending the statute’s scope. Key definitions include:

• Firearm: The term encompasses any weapon designed to expel a projectile by the action of an explosive, including the frame or receiver of such a weapon, and any firearm muffler or silencer.
• Crime of Violence: A crime of violence involves the use, attempted use, or threatened use of physical force against a person or property, or any felony that involves a substantial risk that physical force may be used.
• Drug Trafficking Crime: This includes any felony punishable under the Controlled Substances Act, the Controlled Substances Import and Export Act, or the Maritime Drug Law Enforcement Act.
• Use or Carry: Active employment of a firearm during and in relation to a crime, which may include brandishing, displaying, or discharging the weapon.
• Possession in Furtherance: Having a firearm to advance or facilitate the commission of a crime.

These definitions are pivotal in determining the applicability of 18 U.S.C. § 924(c) and forming a defense strategy.

Penalties and Consequences

Convictions under 18 U.S.C. § 924(c) lead to severe consequences, including substantial prison time and hefty fines. The mandatory minimum sentences outlined in the statute must be served consecutively to any other sentences imposed for the underlying crime. This significantly increases the overall length of incarceration.

In addition to imprisonment, individuals convicted under 18 U.S.C. § 924(c) face other serious repercussions:

• Fines: Convictions can result in significant financial penalties, often ranging from thousands to millions of dollars.
• Asset Forfeiture: Assets related to the commission of the crime, such as vehicles, properties, and bank accounts, may be subject to forfeiture.
• Permanent Criminal Record: A conviction leads to a permanent criminal record, which can adversely impact employment, housing, and other aspects of life.
• Loss of Rights: Convicted individuals may lose certain civil rights, including the right to possess firearms and vote.

Given the gravity of these penalties, mounting an effective defense is essential.

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 law and the specific circumstances of the case. Some common defense strategies include:

One approach is to challenge the legality of the initial stop or search that led to the discovery of the firearm. If the search was conducted without probable cause or violated the defendant’s constitutional rights, the evidence obtained may be suppressed.

Another defense involves questioning whether the firearm was actually used, carried, or possessed in relation to the crime. The prosecution must establish a clear connection between the firearm and the underlying crime. If this connection is weak or non-existent, the charges under 18 U.S.C. § 924(c) may not stand.

Challenging the credibility and reliability of the prosecution’s evidence is also a viable defense strategy. This can involve scrutinizing witness testimony, the accuracy of forensic evidence, and the integrity of the investigation process.

Additionally, demonstrating a lack of intent or knowledge can be a powerful defense. For instance, if the defendant was unaware of the firearm’s presence or had no intention of using it in the commission of the crime, this can weaken the prosecution’s case.

Each case is unique, and the most effective defense will depend on the specific facts and legal issues involved. An experienced criminal defense attorney can develop a tailored defense strategy to address these complexities.

Why Legal Representation is Crucial

Facing federal firearm charges under 18 U.S.C. § 924(c) is a serious matter that necessitates skilled legal representation. The complexities of federal law, coupled with the severe penalties, make it imperative to have an experienced attorney by your side. At The Law Offices of David L. Freidberg, we have decades of experience defending clients against federal charges. Our deep understanding of the law, combined with our commitment to protecting your rights, makes us uniquely qualified to handle these cases.

An attorney will ensure that your rights are protected throughout the legal process, from the initial investigation to trial. They will challenge any procedural errors or violations of your constitutional rights, such as unlawful searches or improper Miranda warnings. Developing a robust defense strategy is critical to achieving a favorable outcome. An experienced attorney will identify weaknesses in the prosecution’s case, file pretrial motions, and present compelling arguments in court. In many instances, an attorney can negotiate with the prosecution for reduced charges or alternative sentencing options, potentially mitigating the severity of the penalties.

Call to Action

If you are facing charges under 18 U.S.C. § 924(c), it is crucial to seek legal assistance immediately. Contact The Law Offices of David L. Freidberg for a free consultation. Our experienced team is available 24/7 to provide the guidance and representation you need. Call us 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 complexities of the legal system and fight for your future.