Use of a Firearm in Crime of Violence Lawyer in Salem County, NJ
A charge for the use of a firearm in a crime of violence in Salem County is a serious federal offense under 18 U.S.C. § 924(c) with severe mandatory minimum sentences. Law Offices Of SRIS, P.C. provides defense for these charges, which are prosecuted in the U.S. District Court for the District of New Jersey.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | Federal statutes are codified by the Office of the Law Revision Counsel.
Federal Statute for Firearm Use in Crimes of Violence
The primary federal statute governing the use of a firearm in a crime of violence is 18 U.S.C. § 924(c). This law imposes severe, consecutive mandatory minimum prison sentences for anyone who uses, carries, or possesses a firearm in furtherance of a federal crime of violence or drug trafficking crime. A “crime of violence” is defined under 18 U.S.C. § 924(c)(3) and includes offenses that have as an element the use, attempted use, or threatened use of physical force. Charges are brought by the U.S. Attorney’s Office for the District of New Jersey and prosecuted in federal court. The Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, has the experience needed to handle these federal cases.
Official Legal Resources
For the official text of the federal statute, see 18 U.S.C. § 924 (Legal Information Institute). For information on the federal court where these cases are heard, visit the U.S. District Court for the District of New Jersey website.
Defense Strategy for a 924c Charge in Salem County
Defending against a charge for the use of a firearm in a crime of violence requires a detailed, case-specific approach. The prosecution must prove beyond a reasonable doubt that the firearm was used, carried, or possessed in furtherance of a predicate crime of violence. A key defense strategy often involves challenging the classification of the underlying offense as a “crime of violence.” Recent Supreme Court decisions have narrowed this definition, creating potential avenues for dismissal. In the U.S. District Court for the District of New Jersey, effective defense also involves rigorous review of search and seizure procedures, witness credibility, and the chain of custody for evidence.
- Initial Case Assessment: Conduct an immediate review of the indictment, focusing on the nexus between the firearm and the alleged predicate crime.
- Motion Practice: File pre-trial motions to suppress evidence or dismiss charges, particularly challenging the “crime of violence” designation.
- Negotiation & Strategy: Engage with the Assistant U.S. Attorney to explore potential plea agreements that may avoid mandatory minimums.
- Trial Preparation: If no agreement is reached, prepare a focused defense for trial, often centered on intent, possession, or the legal definition of the underlying crime.
Potential Penalties for a Federal Gun Enhancement
In federal court, a conviction for use of a firearm in a crime of violence under 18 U.S.C. § 924(c) carries severe mandatory penalties that must run consecutively to any sentence for the underlying crime.
| Offense | Mandatory Minimum | Maximum | Fine | Consecutive Sentence |
|---|---|---|---|---|
| First § 924(c) Conviction | 5 years | Life* | Up to $250,000 | Yes |
| § 924(c) with Brandishing | 7 years | Life* | Up to $250,000 | Yes |
| § 924(c) with Discharge | 10 years | Life* | Up to $250,000 | Yes |
| Second or Subsequent § 924(c) Conviction | 25 years | Life* | Up to $250,000 | Yes |
Results may vary. Prior results do not guarantee a similar outcome.
*Maximum term is life imprisonment, and all sentences under § 924(c) must run consecutively to the sentence for the underlying crime of violence.
Our Experience in Federal Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to federal cases. Our managing attorney, Mr. Sris, is a former prosecutor with a multi-state practice who personally handles serious federal matters. We understand the high stakes of a 924c charge defense lawyer Salem County case and the intricate procedures of the federal system. Our approach is built on thorough investigation, strategic motion filing, and leveraging every legal avenue to protect your rights.
Case Results and Client Advocacy
While specific results for use of a firearm in crime of violence cases in Salem County are not listed, our firm-wide record demonstrates our commitment to vigorous defense. SRIS has handled 4,739+ documented case results with over 93% favorable outcomes across our practice areas.
Results may vary. Prior results do not guarantee a similar outcome.
We apply the same dedicated, strategic approach to every federal gun enhancement defense lawyer Salem County case we take.
Contact Our Salem County Federal Defense Lawyers
Our New Jersey location serves clients facing federal charges in Salem County and across the state. We are accessible via I-295, Route 45, and Route 49. If you need a use of a firearm in crime of violence lawyer near Salem, Pennsville, or Carneys Point, contact us for a confidential consultation.
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 “crime of violence” under federal law 924(c)?
It depends. Under 18 U.S.C. § 924(c)(3), a “crime of violence” is a felony that either has as an element the use of physical force (the “elements clause”) or, by its nature, involves a substantial risk that physical force may be used (the “residual clause”). The Supreme Court has invalidated the residual clause, so now only offenses satisfying the elements clause qualify.
Can a 924c charge be dropped or reduced?
Yes. A 924c charge defense lawyer Salem County can file motions to have the charge dismissed, often by arguing the underlying offense is not a valid “crime of violence.” Charges may also be reduced through negotiation with the U.S. Attorney’s Office in exchange for a plea to other counts, potentially avoiding mandatory minimums.
What is the mandatory minimum for a first-time 924(c) offense?
5 years. A first conviction under 18 U.S.C. § 924(c) for using or carrying a firearm during a crime of violence carries a mandatory minimum sentence of 5 years in federal prison. This sentence must run consecutively (back-to-back) with any sentence for the underlying crime, skilled to a much longer total term of imprisonment.
How does a gun enhancement differ from a regular weapons charge?
A gun enhancement under § 924(c) is not a standalone charge; it is an add-on penalty that increases the sentence for a separate federal crime of violence or drug trafficking crime. A regular state weapons charge, like unlawful possession, is typically prosecuted independently in state court and has different penalties and procedures.
What should I do if I am under federal investigation for a gun crime?
Promptly seek a federal criminal defense lawyer. Do not speak to investigators without an attorney. A lawyer can advise you on your rights, potentially negotiate your cooperation, and work to prevent charges from being filed or to secure a favorable outcome if they are.
Related Legal Services in Salem County
If you are facing related charges, our firm also provides defense for: DUI charges in Salem County, business law matters, and state criminal defense in Salem County. For a full overview of our federal practice, visit our New Jersey Federal Criminal Defense hub page.
Page Last verified: April 2026. Federal laws and procedures are subject to change. The information provided is for general reference and does not constitute legal advice. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for case-specific guidance.
If your case reaches beyond Salem County, our page on use of a firearm in crime of violence charges across New Jersey sets out what to look for at each stage.
If you want to see how a Salem case fits into the wider process, our page on use of a firearm in crime of violence lawyer Virginia covers it from start to finish.
Your case in Salem 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 Salem County that is the Superior Court of NJ, Salem Vicinage (1st Vicinage), 92 Market Street, Salem, NJ 08079, telephone (856) 878-5050, 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 Salem 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: Salem 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.