Use of a Firearm in Crime of Violence Lawyer Bergen County — Federal Gun Charge Defense

A federal charge for the use of a firearm in a crime of violence under 18 U.S.C. § 924(c) in Bergen County carries severe mandatory minimum sentences. If convicted, you face a consecutive 5-year to life prison term on top of the underlying crime’s penalty.

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Federal Statute: 18 U.S.C. § 924(c) and Gun Enhancements

The federal statute governing the use of a firearm in a crime of violence is 18 U.S.C. § 924(c). This law imposes mandatory minimum prison sentences that must run consecutively (added on) to any sentence for the underlying crime of violence or drug trafficking crime. The severity depends on the specific firearm use and prior convictions.

Last verified: April 2026 | U.S. District Court for the District of New Jersey | 18 U.S.C. § 924 (official U.S. Code)

Founded in 1997 by former prosecutor Mr. Sris, our firm has built a multi-state practice handling serious federal charges. A 924c charge defense lawyer Bergen County must understand not just the statute, but also the procedural nuances of the Newark and Camden federal courthouses where these cases are prosecuted.

External Legal Resources

18 U.S.C. § 924 (official U.S. Code) – The full text of the federal statute.
U.S. District Court – District of New Jersey – Official website for federal court procedures in NJ.

Defending a Federal Gun Enhancement Charge in Bergen County

Defending a 924(c) charge requires attacking both the “use” or “carry” of the firearm and the classification of the underlying offense as a “crime of violence.” In the District of New Jersey, which includes Bergen County, prosecutors from the U.S. Attorney’s Office aggressively pursue these enhancements.

Initial Investigation & Detention Hearing: Immediately after arrest or indictment, your attorney will review the criminal complaint and seek a detention hearing to argue for pre-trial release.
Challenging the “Crime of Violence” Element: Your lawyer will file motions arguing the predicate offense (e.g., robbery, assault) does not meet the legal definition under § 924(c).
Suppression Motions: If the firearm was found via a search, your attorney will file a motion to suppress the evidence if your Fourth Amendment rights were violated.
Plea Negotiations: Your attorney may negotiate with the U.S. Attorney’s Office to drop the § 924(c) count in exchange for a plea to the underlying charge, avoiding the mandatory minimum.
Trial Preparation: If the case proceeds to trial, your defense will focus on creating reasonable doubt about your possession or use of the firearm during the crime.
Sentencing Mitigation: If convicted, your lawyer will present mitigating factors to argue for a sentence at the low end of the guideline range.

Potential Penalties for 18 U.S.C. § 924(c) Convictions

In Bergen County federal court, a conviction for use of a firearm in a crime of violence under 18 U.S.C. § 924(c) carries a mandatory minimum sentence of 5 years for a first offense, which must be served consecutively to the sentence for the underlying crime.

Firearm Type / Circumstance	Mandatory Minimum Sentence	Notes
First Offense (Basic)	5 years consecutive	Applies to any firearm used in a crime of violence.
Brandishing the Firearm	7 years consecutive	Showing the firearm.
Discharging the Firearm	10 years consecutive	Firing the weapon.
Second or Subsequent § 924(c) Conviction	25 years consecutive	“Stacking” charges leads to extremely long sentences.
Machinegun or Destructive Device	30 years consecutive	Enhanced for specific weapon types.

Results may vary. Prior results do not guarantee a similar outcome.

Our Firm’s Experience with Federal Gun Charges

Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to federal defenses. Our managing attorney, Mr. Sris, is a former prosecutor with a background in accounting and information systems, providing a unique advantage in dissecting financial and technical evidence often present in federal cases. Firm-wide, we have handled 4,739+ documented case results.

Mr. Sris

Owner & CEO, Managing Attorney
Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York
A former prosecutor and firm founder, Mr. Sris provides strategic oversight on federal criminal defense matters. His multi-state practice and strategic approach are critical for defending serious charges like 18 U.S.C. § 924(c) in New Jersey federal courts.

Case Results & Client Advocacy

While specific case results are confidential, our approach as a dedicated use of a firearm in crime of violence lawyer Bergen County focuses on rigorous pre-trial investigation and motion practice. We challenge the government’s evidence and legal theories at every stage. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes.

Results may vary. Prior results do not guarantee a similar outcome.

Contact Our Bergen County Federal Defense Lawyers

Our New Jersey location serves clients facing federal charges in Bergen County. We are familiar with the procedures at the U.S. District Court for the District of New Jersey.

Law Offices Of SRIS, P.C. — New Jersey
44 Apple St 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.

We serve communities throughout Bergen County including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.

FAQ: Use of a Firearm in Crime of Violence Charges in Bergen County

What is a “crime of violence” under 18 U.S.C. § 924(c)?

It depends. The definition is demanding and legal. Generally, it is a felony that has as an element the use of physical force (the “elements clause”) or is one of several enumerated offenses like robbery or carjacking. A 924c charge defense lawyer Bergen County must analyze the specific predicate offense.

Can the mandatory sentence for a 924(c) charge be reduced or run concurrently?

No. The mandatory minimum sentence under § 924(c) must be imposed and must run consecutively to any other sentence. This is why securing a dismissal of this count through pre-trial motions or negotiation is often the primary defense goal for a gun enhancement defense lawyer Bergen County.

What is the difference between a 924(c) charge and a state gun charge in NJ?

State gun charges in New Jersey, like certain persons not to possess weapons, are prosecuted in Superior Court under N.J.S.A. 2C. A 924(c) charge is federal, prosecuted by the U.S. Attorney’s Office, and carries distinct, severe mandatory minimums that stack on top of other sentences.

How does a federal gun case typically start in Bergen County?

It often begins with an investigation by a federal agency like the FBI, ATF, or DEA. This leads to a grand jury indictment. You may be arrested by federal agents or summoned to appear in U.S. District Court. Immediate legal representation is critical.

What are common defenses to a 924(c) charge?

Common defenses include challenging the legality of the search that found the gun, arguing you did not “use” or “carry” the firearm in relation to the crime, or proving the underlying offense is not a qualifying “crime of violence.” An experienced use of a firearm in crime of violence lawyer Bergen County will identify the best strategy.

Internal Resources

New Jersey Federal Criminal Defense Lawyer Hub
Federal Criminal Lawyer Hunterdon County
Bergen County Criminal Defense Lawyer

Last verified: April 2026. Federal laws and procedures can change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding use of a firearm in crime of violence charges.