Possession of Firearm in Drug Trafficking Crime Lawyer in Monmouth County, NJ

A federal charge for possession of a firearm in furtherance of a drug trafficking crime under 18 U.S.C. § 924(c) in Monmouth County carries a mandatory minimum 5-year prison sentence consecutive to any drug penalty. Law Offices Of SRIS, P.C. provides a strong defense against these combined federal charges. Our firm-wide experience includes 4,739+ documented case results.

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Federal Statute for Firearm in Drug Trafficking Crime

The federal statute 18 U.S.C. § 924(c) criminalizes using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or a drug trafficking crime. In New Jersey, this charge is prosecuted federally by the U.S. Attorney’s Office for the District of New Jersey, often arising from investigations by the DEA, FBI, or ATF. The charge is separate from the underlying drug offense and carries severe, mandatory penalties.

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 text of the federal statute, see 18 U.S.C. § 924 (Cornell Legal Information Institute). For information on the federal court handling these cases, visit the U.S. District Court for the District of New Jersey website.

Defending a Federal Gun and Drug Charge in Monmouth County

Federal prosecutors in New Jersey aggressively pursue 18 U.S.C. § 924(c) charges in drug cases. A conviction triggers a mandatory prison term that must run consecutively to the sentence for the underlying drug crime. For a first offense, the mandatory minimum is 5 years; for a second or subsequent conviction, it is 25 years. If the firearm is a short-barreled rifle, shotgun, or is equipped with a silencer, the mandatory minimum rises to 10 years.

Initial Investigation & Arrest: Federal agents (DEA, FBI, ATF) conduct an investigation, often involving surveillance, wiretaps, or controlled buys, skilled to an arrest and federal complaint.
Detention Hearing: A hearing is held in U.S. District Court to determine if you will be released pending trial. For serious drug and gun charges, detention is often ordered.
Grand Jury Indictment: The U.S. Attorney presents evidence to a grand jury, which issues a formal indictment for violations of federal drug laws and 18 U.S.C. § 924(c).
Discovery & Pre-Trial Motions: Your attorney reviews all evidence and files motions to suppress evidence or dismiss charges based on constitutional violations or lack of proof.
Plea Negotiations or Trial: The vast majority of federal cases end in a plea agreement. If no acceptable plea is offered, your case proceeds to a jury trial in federal court.
Sentencing: If convicted, sentencing follows federal guidelines, with the § 924(c) penalty imposed consecutively to the drug sentence.

Federal Penalties for Drug and Gun Charges

In federal court, a conviction for possession of a firearm in furtherance of a drug trafficking crime mandates a severe, consecutive prison term on top of the underlying drug penalty.

Charge (18 U.S.C.)	Mandatory Minimum Incarceration	Maximum Incarceration	Fine	Additional Consequences
§ 924(c) – First Offense	5 years consecutive	Life	Up to $250,000	Forfeiture of firearm; federal supervised release after prison.
§ 924(c) – Second/Subsequent Offense	25 years consecutive	Life	Up to $250,000	Enhanced penalties; permanent felony record.
§ 924(c) – With a “Destructive Device”	30 years consecutive	Life	Up to $250,000	Extreme sentencing enhancement under federal guidelines.

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

Our Firm’s Experience with Federal Charges

Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We understand the high stakes of federal prosecutions and the specific strategies needed to challenge combined drug and gun charges. Our approach is direct and focused on the details of your case.

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 background in accounting and information systems provides a unique advantage in cases involving financial or technical evidence. He accepts a limited number of contested cases to ensure deep, strategic involvement.

Case Results in Federal Defense

While specific results are confidential, our firm’s extensive experience includes defending clients against serious federal indictments. We have successfully negotiated favorable outcomes, including charge reductions and favorable plea agreements, in federal cases. Our team understands the pressure of federal investigations and works to protect your rights from the earliest stages.

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

Federal Criminal Defense Lawyer Near Monmouth County

Our New Jersey location serves clients facing federal charges in Monmouth County and throughout the state. We represent individuals in communities including Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck.

Availability: 24/7 phone consultations — meetings by appointment only.

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.

FAQs for Federal Gun and Drug Charges

What does “in furtherance of” mean in a 924(c) charge?

It depends. The government must prove the firearm actively helped advance or promote the drug crime, not just that it was present. A drug and gun charge defense lawyer Monmouth County can argue the gun was for personal protection unrelated to drug sales, was stored separately, or its presence was merely coincidental.

Can state and federal prosecutors both charge me for the same gun and drugs?

Yes. Under the “dual sovereignty” doctrine, separate sovereigns (state of New Jersey and the federal government) can prosecute you for the same conduct based on violations of both state and federal law. This is a critical reason to have an attorney experienced in both systems.

Is there parole in the federal system?

No. The federal system abolished parole in 1987. Time served is determined by the sentence imposed minus any “good time” credit (up to 54 days per year). A mandatory 5-year sentence under § 924(c) means at least 5 years in prison, served after any drug sentence.

What is the main defense to a 924(c) charge?

The primary defense is challenging the “in furtherance of” element. An armed drug trafficking lawyer Monmouth County may also attack the legality of the search that found the gun, challenge the connection between the gun and the defendant, or argue the underlying drug crime is not a “drug trafficking crime” as defined by federal law.

Can a plea agreement remove the 924(c) charge?

Yes. In exchange for a guilty plea to the underlying drug charges, federal prosecutors may sometimes agree to dismiss the § 924(c) count to avoid the mandatory minimum. This is a common and critical negotiation point, as removing the 924(c) charge can drastically reduce your potential prison time.

Related Legal Resources

If you are facing these serious federal charges, you need a focused possession of firearm in drug trafficking crime lawyer Monmouth County. For related legal help in the area, consider our New Jersey Federal Criminal Defense Lawyer hub page. We also assist clients in nearby counties like Bergen County and Burlington County. For other legal issues in Monmouth County, see our pages on DUI defense and business law.

Page Last verified: April 2026. Federal laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your possession of firearm in drug trafficking crime case.