Use of a Firearm in Crime of Violence Lawyer in Cape May County, NJ
A charge for the use of a firearm in a crime of violence in Cape May County is a severe federal offense under 18 U.S.C. § 924(c), carrying mandatory consecutive prison sentences. Law Offices Of SRIS, P.C. provides a strong defense against these charges, which are prosecuted in the U.S. District Court for the District of New Jersey.
Federal Statute for Firearm Use in a Crime of Violence
The primary federal statute governing these charges is 18 U.S.C. § 924(c). This law imposes severe, mandatory penalties for using, carrying, or possessing a firearm in connection with a “crime of violence” or a drug trafficking crime. The penalties are consecutive to any sentence for the underlying crime.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | 18 U.S.C. § 924 (official U.S. Code)
Official Legal Resources
For the official statute text, see 18 U.S.C. § 924 (Cornell Legal Information Institute). For local federal court procedures, visit the U.S. District Court for the District of New Jersey website.
Defending a 924c Charge in Cape May County
Defending a 924c charge requires challenging both the firearm allegation and the underlying “crime of violence.” In the District of New Jersey, which handles Cape May County cases, prosecutors aggressively pursue these enhancements. A key strategy involves arguing that the underlying offense does not meet the legal definition of a “crime of violence” as defined by federal law. Success often depends on detailed motion practice and a deep understanding of federal sentencing guidelines.
- Initial Arrest & Detention Hearing: After a federal arrest, you will have an initial appearance and a detention hearing to determine if you will be held until trial.
- Grand Jury Indictment: The U.S. Attorney’s Office will present evidence to a grand jury to secure a formal indictment, which will include the 924(c) count.
- Discovery & Pre-Trial Motions: Your attorney will review all evidence and file motions, potentially to suppress evidence or dismiss the 924(c) charge based on legal arguments.
- Plea Negotiations or Trial: The government may offer a plea deal. If no agreement is reached, the case proceeds to a jury trial in federal court.
- Sentencing: If convicted, sentencing follows federal guidelines, with the 924(c) penalty running consecutively to the sentence for the underlying crime.
Potential Penalties for a Federal Gun Enhancement
In Cape May County federal cases, a conviction under 18 U.S.C. § 924(c) carries a mandatory minimum sentence that must be served consecutively to any other sentence.
| Offense | Mandatory Minimum | Additional Factors |
|---|---|---|
| Using/Carrying a Firearm in Crime of Violence | 5 years | Consecutive to underlying crime sentence. |
| Brandishing the Firearm | 7 years | Consecutive to underlying crime sentence. |
| Discharging the Firearm | 10 years | Consecutive to underlying crime sentence. |
| Second or Subsequent 924(c) Conviction | 25 years | Consecutive to all other sentences. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience with Federal Firearm Charges
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings a combined 120+ years of legal experience to every case. We understand the high stakes of federal firearm charges and the specific procedures of the New Jersey federal courts. Our approach is built on thorough case investigation, aggressive legal motion practice, and strategic negotiation.
Case Results & Client Advocacy
While we cannot discuss specific case details, our firm-wide commitment is to vigorous defense. We have handled 4,739+ documented case results with a focus on achieving favorable outcomes for our clients. In federal cases, favorable outcomes can include charge reductions, dismissal of enhancements, or favorable sentencing arguments.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Cape May County Federal Defense Lawyers
Our New Jersey location serves clients facing federal charges in Cape May County, including those in Cape May Court House, Wildwood, and Ocean City. We are accessible via the Garden State Parkway and Route 9.
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.
FAQs: Use of a Firearm in Crime of Violence Charges
What is a 924c charge?
It is a federal charge under 18 U.S.C. § 924(c) for using, carrying, or possessing a firearm during a crime of violence or drug trafficking crime. It adds a mandatory prison sentence on top of the penalty for the underlying crime.
What does “gun enhancement defense lawyer Cape May County” mean?
This refers to an attorney who concentrates on defending against the increased penalties (enhancements) added to a criminal charge for involvement of a firearm. In federal court, this specifically involves defending against 924(c) charges.
Can a 924c charge be dropped?
It depends. Yes, it can be dismissed if the underlying crime is dismissed, if evidence is suppressed, or if a successful legal argument is made that the predicate offense is not a valid “crime of violence” under the law.
What is the minimum sentence for a 924(c) conviction?
The minimum is 5 years in federal prison for simply carrying the firearm, and it must be served consecutively to the sentence for the main crime. Penalties increase to 7, 10, or 25 years for brandishing, discharging, or a second conviction.
Where are these cases heard for Cape May County?
These federal charges are prosecuted in the U.S. District Court for the District of New Jersey. Cases may be handled in the Camden or Newark divisions, depending on the specifics of the alleged offense.
Internal Resources
For more information, see our New Jersey Federal Criminal Defense hub page. We also assist with related matters like Cape May County DUI defense and Cape May County criminal defense.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Cape May County is one part of a statewide practice, and our page on use of a firearm in crime of violence lawyer New Jersey covers the process from start to finish.
Your case in Cape May 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 Cape May County that is the Superior Court of NJ, Cape May Vicinage (1st Vicinage), 9 North Main Street, Cape May Court House, NJ 08210, telephone (609) 463-6550, 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 Cape May 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: Cape May County NJ lawyers directory · Use of a Firearm in Crime of Violence Lawyer Bergen County · Use of a Firearm in Crime of Violence Lawyer Hudson County · Use of a Firearm in Crime of Violence Lawyer Monmouth County.