Hudson County Use of a Firearm in Crime of Violence Lawyer — What Are Your Defense Options?
A federal charge for use of a firearm in crime of violence under 18 U.S.C. § 924(c) in Hudson County carries severe mandatory minimum sentences. Law Offices Of SRIS, P.C. provides a strong defense against these allegations, challenging the underlying crime of violence and the firearm’s connection. Our team understands the federal courts in Newark and Jersey City.
Understanding Federal Firearm Charges in Hudson County
The federal statute 18 U.S.C. § 924(c) makes it a separate crime to use, carry, or possess a firearm in furtherance of a federal crime of violence or drug trafficking crime. This is not a simple gun possession charge; it is a severe enhancement that adds a consecutive mandatory minimum prison term to the sentence for the underlying crime. The charge is often prosecuted in the U.S. District Court for the District of New Jersey, which has jurisdiction over Hudson County cases.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has built a practice focused on serious criminal defense. We approach each use of a firearm in crime of violence case by scrutinizing the government’s evidence on two fronts: the validity of the predicate “crime of violence” and the specific link between the firearm and that crime.
Official Legal Resources
- 18 U.S.C. § 924 (Cornell Legal Information Institute)
- U.S. District Court for the District of New Jersey
Defending Against a 924c Charge in Hudson County
Successfully defending a use of a firearm in crime of violence charge requires attacking the prosecution’s case from multiple angles. The definition of a “crime of violence” has been the subject of significant litigation, and recent Supreme Court decisions have narrowed its scope. A skilled 924c charge defense lawyer Hudson County will argue that the underlying offense does not qualify, which can lead to the dismissal of the 924(c) count.
- Initial Case Review: We immediately obtain all discovery, including police reports, witness statements, and forensic reports, to assess the strength of the government’s case on both the firearm and the underlying crime.
- Motion to Suppress: If the firearm was discovered through an illegal search or seizure, we file a motion to suppress the evidence, which can cripple the prosecution’s case.
- Challenge the Predicate Crime: We analyze whether the alleged underlying offense legally qualifies as a “crime of violence” under the current, often changing, legal standards.
- Negotiation & Strategy: We engage with federal prosecutors to seek a reduction or dismissal of the 924(c) charge, potentially in exchange for a plea to other counts, to avoid mandatory minimums.
- Trial Preparation: If a favorable plea cannot be reached, we prepare a vigorous trial defense, focusing on creating reasonable doubt about your intent and the firearm’s role.
Potential Penalties for a Federal Firearm Conviction
In Hudson County, a conviction for use of a firearm in crime of violence under 18 U.S.C. § 924(c) carries a mandatory minimum sentence of 5 years for a first offense, which must run consecutively to any sentence for the underlying crime.
| Offense | Classification | Mandatory Minimum Incarceration | Maximum Fine | Additional Consequences |
|---|---|---|---|---|
| First 924(c) Offense | Federal Felony | 5 years (consecutive) | $250,000 | Supervised release, permanent felony record |
| Second/Subsequent 924(c) Offense | Federal Felony | 25 years (consecutive) | $250,000 | Supervised release, permanent felony record |
| Brandishing the Firearm | Enhancement | 7 years (consecutive) | – | Added to base 5 or 25-year minimum |
| Discharging the Firearm | Enhancement | 10 years (consecutive) | – | Added to base 5 or 25-year minimum |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Federal Firearm Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our combined legal experience exceeds 120 years. We have a documented record of handling federal charges. Our approach is grounded in a deep understanding of federal sentencing guidelines and a commitment to aggressive advocacy. We know that a gun enhancement defense lawyer Hudson County must be prepared to litigate complex statutory interpretations and constitutional issues.
Case Results in Federal Defense
Our firm has handled numerous federal criminal cases. While every case is unique, our strategies have led to dismissals, charge reductions, and favorable plea agreements in firearm-related matters. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Hudson County Federal Defense Lawyers
Our team is ready to defend you against serious federal charges. We serve clients throughout Hudson County, including Jersey City, Bayonne, Hoboken, and Union City.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
24/7 phone consultations.
Frequently Asked Questions
What is a “crime of violence” under federal law?
It depends. The legal definition is narrow and demanding. Generally, it is a felony that involves a substantial risk that physical force may be used. Recent court decisions have excluded some crimes, making this a key defense point for a use of a firearm in crime of violence lawyer to challenge.
Can a 924(c) charge be dropped if the underlying crime is dismissed?
Yes, typically. A 924(c) charge requires a valid predicate crime. If the underlying crime of violence or drug trafficking charge is dismissed or you are acquitted, the firearm charge usually cannot stand alone. This is a critical strategy for a 924c charge defense lawyer Hudson County.
What is the difference between “use” and “carry” in a 924(c) charge?
“Use” generally means active employment of the firearm. “Carry” typically means having the firearm on your person or within easy reach. The government must prove the firearm furthered the crime. A skilled gun enhancement defense lawyer Hudson County will fight the connection between the gun and the alleged criminal purpose.
Are there any defenses to a 924(c) charge?
Yes. Common defenses include challenging the legality of the search that found the gun, arguing the underlying crime doesn’t qualify as a “crime of violence,” proving you lacked knowledge the firearm was present, or showing the gun was not used to further the crime. Each defense depends on the specific facts.
What should I do if I am under investigation for a federal firearm crime?
Do not speak to investigators without an attorney. Promptly contact a federal defense lawyer. Anything you say can be used against you. An attorney can advise you on your rights, potentially intervene before charges are filed, and begin building your defense strategy.
New Jersey Criminal Defense Lawyer | Use of a Firearm in Crime of Violence Lawyer Bergen County | Hudson County Drug Crimes Lawyer
Page Last verified: April 2026. Federal statutes and procedures are subject to change. The information provided is for general reference and does not constitute legal advice. Consult with an attorney for guidance on your specific situation.
The same rules apply outside Hudson County, and our page on use of a firearm in crime of violence charges across New Jersey walks through each stage.
Your case in Hudson County, New Jersey
Federal charges are heard in the U.S. District Court for the District of New Jersey (Newark, Trenton and Camden), not in county court; related state charges are heard in the Criminal Part of the Law Division. In Hudson County that is the Superior Court of NJ, Hudson Vicinage (3rd Vicinage), 583 Newark Avenue, Jersey City, NJ 07306, telephone (201) 748-4400, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is Title 18 of the United States Code and the Federal Rules of Criminal Procedure. Law Offices Of SRIS, P.C. handles Hudson County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Hudson County NJ lawyers directory · Use of a Firearm in Crime of Violence Lawyer Bergen County · Use of a Firearm in Crime of Violence Lawyer Monmouth County.