Use Of A Firearm In Crime Of Violence Lawyer Maryland — What Are the Penalties?
A charge for Use Of A Firearm In Crime Of Violence in Maryland is a severe felony under Md. Code, Criminal Law § 4-204, carrying a mandatory minimum sentence of 5 years in prison. The Law Offices Of SRIS, P.C. provides immediate legal help for these charges. A conviction can result in decades of incarceration and permanent consequences.
Maryland Law on Use Of A Firearm In Crime Of Violence
The statute governing Use Of A Firearm In Crime Of Violence in Maryland is Md. Code, Criminal Law § 4-204. This law makes it a separate felony to use, wear, carry, or transport a firearm during the commission of a crime of violence or a felony. The charge is also to the underlying violent crime, meaning you face penalties for both offenses. The state must prove you knowingly used or possessed the firearm in connection with the predicate crime.
Last verified: April 2026 | Maryland Courts | Maryland General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm has a deep understanding of how Maryland prosecutors build these complex, high-stakes cases from the ground up.
Official Legal Resources
For the official text of the law, refer to Md. Code, Criminal Law § 4-204 (official Maryland General Assembly). For court procedures and forms, visit the Maryland Courts website.
Local Court Process for Firearm Charges
In Maryland, Use Of A Firearm In Crime Of Violence charges are typically prosecuted in Circuit Court, not District Court, due to their felony status. Prosecutors in counties like Montgomery and Prince George’s aggressively pursue mandatory sentences. An experienced attorney can challenge the connection between the firearm and the alleged crime, which is a required element for conviction.
- Arraignment: You will be formally charged and enter a plea in Circuit Court.
- Pre-Trial Motions: Your lawyer will file motions to suppress evidence or dismiss charges if the state’s case is weak.
- Plea Negotiations: Given the severe penalties, negotiations often focus on reducing the underlying charge to avoid the firearm enhancement.
- Trial: If no plea agreement is reached, the case proceeds to a jury trial where the state must prove every element beyond a reasonable doubt.
- Sentencing: If convicted, the court must impose the mandatory minimum sentence required by law.
Potential Penalties for Use Of A Firearm In Crime Of Violence
In Maryland, a conviction for Use Of A Firearm In Crime Of Violence under § 4-204 carries a mandatory minimum sentence of 5 years in prison for a first offense, with a maximum of 20 years. The sentence must be consecutive to any sentence for the underlying crime of violence.
| Offense | Classification | Incarceration | Fine | Consecutive Sentence |
|---|---|---|---|---|
| First Offense | Felony | 5-20 years (mandatory min. 5) | Up to $10,000 | Yes |
| Subsequent Offense | Felony | 10-20 years (mandatory min. 10) | Up to $10,000 | Yes |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Maryland Firearm Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our team, including former Maryland Assistant State’s Attorney Kristen Fisher, brings a combined 120+ years of legal experience to building defenses against serious firearm charges. We understand the nuances of Maryland’s mandatory sentencing laws and work to protect clients from their most severe impacts.
Case Results & Legal Help
Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. In firearm-related cases, strategic legal help from the outset is crucial. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. We focus on challenging the prosecution’s evidence and seeking reductions to avoid mandatory minimums where possible.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
199 E. Montgomery Ave, Suite 100, Room 211
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747 | Local: (301) 363-4040
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24/7 phone consultations — (888) 437-7747 — meetings by appointment only. Serving clients in Rockville, Bethesda, Gaithersburg, and throughout Montgomery County.
Frequently Asked Questions
What is considered a “crime of violence” in Maryland for this charge?
Yes. Maryland law defines specific crimes as “crimes of violence,” including murder, rape, robbery, carjacking, kidnapping, and certain assault and burglary offenses. The list is found in Md. Code, Criminal Law § 14-101. The firearm charge attaches if a gun is used during any of these predicate crimes.
Is the prison sentence for a firearm charge really mandatory?
Yes. For a first offense under § 4-204, a judge must impose a minimum of 5 years in prison. The sentence cannot be suspended, and parole is not available for the mandatory portion. This makes early and aggressive legal defense essential to try to avoid a conviction on this specific charge.
Can I be charged if I didn’t fire the gun?
It depends. The law prohibits using, wearing, carrying, or transporting a firearm during a crime of violence. You can be charged for merely carrying the firearm, even if it was not displayed or fired. The state must prove you knowingly had the gun in connection with the crime.
What are the main defense strategies for this charge?
Common defenses include: (1) challenging whether the underlying crime qualifies as a “crime of violence,” (2) arguing the firearm was not used in connection with the crime, (3) moving to suppress the firearm as evidence if it was found through an illegal search, and (4) negotiating a plea to the underlying crime without the firearm enhancement.
Should I talk to the police if I’m investigated for this?
No. You have the right to remain silent. Anything you say can be used to establish the connection between you, the firearm, and the alleged crime. Politely decline to answer questions and request a lawyer immediately. Contact an attorney for legal help before speaking with investigators.
For related legal help, see our pages on Maryland Criminal Defense, Federal Criminal Defense, and Maryland Assault Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
An use of a firearm in crime of violence case is one part of weapons & firearms work, and our page on felon in possession lawyer Maryland covers the wider process.