Arlington, VA Lawyer for Possession of Firearms in a Drug Trafficking Crime
Federal charges for possession of firearms in a drug trafficking crime under 18 U.S.C. § 924(c) carry severe mandatory minimum sentences in Arlington, Virginia. A conviction can result in a consecutive 5-year to life prison term. The Law Offices Of SRIS, P.C. provides a strong defense against these complex federal allegations.
If you are charged with possession of firearms in a drug trafficking crime in Arlington, Virginia, you face one of the most serious federal offenses. This charge, under 18 U.S.C. § 924(c), is not a standalone crime but an enhancement that adds a severe, consecutive prison sentence to an underlying drug trafficking conviction. The mandatory penalties are harsh and leave judges with little discretion. You need a possession of firearms in drug trafficking crime lawyer Arlington Virginia who understands federal court procedures and the specific defenses available to challenge these charges.
Federal Law on Firearms in Drug Trafficking Crimes
The primary statute governing this offense is 18 U.S.C. § 924(c). It imposes additional penalties for using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, any crime of violence or drug trafficking crime. For a first offense, the mandatory minimum sentence is 5 years in prison, which must run consecutively to the sentence for the underlying drug crime. Penalties escalate sharply for subsequent convictions or if the firearm is a short-barreled rifle, shotgun, machinegun, or is equipped with a silencer.
Last verified: April 2026 | U.S. District Court for the Eastern District of Virginia | 18 U.S.C. § 924 (official U.S. Code)
Key Elements the Government Must Prove
To secure a conviction under § 924(c), federal prosecutors in Arlington must prove several elements beyond a reasonable doubt. First, they must prove you committed an underlying drug trafficking crime, such as possession with intent to distribute under 21 U.S.C. § 841. Second, they must prove you used, carried, or possessed a firearm. Third, and most critically, they must prove the firearm was used or carried “during and in relation to” the drug crime, or was possessed “in furtherance of” it. Mere coincidental presence of a firearm is not enough; the government must show a specific connection between the gun and the drug activity.
- Initial Appearance & Detention Hearing: After arrest, you will appear before a U.S. Magistrate Judge. Your attorney will argue for your release on bond, which is challenging in federal drug and gun cases.
- Grand Jury Indictment: The U.S. Attorney’s Office will present evidence to a grand jury to secure a formal indictment.
- Arraignment & Plea: You will be formally charged and enter a plea of not guilty, allowing your defense to begin.
- Discovery & Motion Practice: Your lawyer will review all evidence, file motions to suppress evidence, and challenge the legal sufficiency of the § 924(c) charge.
- Plea Negotiations or Trial: Based on the strength of the evidence and motions, your attorney will negotiate for a favorable plea or prepare for a jury trial.
- Sentencing: If convicted, sentencing follows federal guidelines, with the § 924(c) penalty being mandatory and consecutive.
Potential Penalties and Consequences
In Arlington, Virginia, a conviction for possession of firearms in a drug trafficking crime under 18 U.S.C. § 924(c) triggers a mandatory minimum prison sentence of 5 years for a first offense, which must be served consecutively to the sentence for the underlying drug crime.
| Offense | Classification | Mandatory Incarceration | Additional Consequences |
|---|---|---|---|
| First § 924(c) Conviction | Federal Felony | 5 years consecutive | Supervised release, fines up to $250,000 |
| Subsequent § 924(c) Conviction | Federal Felony | 25 years consecutive | Lifetime supervised release possible |
| With a “Machinegun” or “Destructive Device” | Federal Felony | 30 years consecutive | Severe asset forfeiture, permanent loss of firearm rights |
Results may vary. Prior results do not aim for a similar outcome.
Our Defense Approach for Arlington Federal Cases
Founded in 1997, the Law Offices Of SRIS, P.C. brings a focused, strategic defense to federal courtrooms. Our approach in Arlington starts with a meticulous examination of the search, seizure, and arrest procedures used by federal agents. We challenge whether the firearm was truly “in furtherance of” drug trafficking or merely present. We also explore potential defenses like lack of knowledge or possession of the firearm, challenging the underlying drug crime, and filing motions to suppress evidence obtained in violation of the Fourth Amendment.
Our team includes experienced counsel like Matthew Greene, who brings over 30 years of experience, including former death penalty certification and a 14-year contract with Child Protective Services in Alexandria, providing deep insight into high-stakes litigation.
Case Results and Client Advocacy
While every case is unique, our firm is dedicated to achieving the best possible outcome. We analyze every detail of the government’s case, from the initial investigation by the ATF, DEA, or FBI to the forensic evidence analysis. We prepare our clients for every step, ensuring they understand the process and their options. Our goal is to protect your rights and freedom by building the strongest possible defense against these severe charges.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Arlington Federal Defense Lawyers
Law Offices Of SRIS, P.C.
Arlington Location — 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250 | Local: (703) 636-5417
Availability: 24/7 phone consultations. Meetings by appointment only.
We serve clients in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. Our Arlington location is positioned to serve clients facing charges in the U.S. District Court for the Eastern District of Virginia.
FAQs: Firearms in Drug Trafficking Crimes in Arlington
What does “in furtherance of” mean in a § 924(c) charge?
It depends. The government must prove the firearm helped forward, promote, or advance the drug trafficking crime. It’s more than just having a gun near drugs. A possession firearms crime Arlington Virginia narcotics trafficking lawyer can argue the gun was for personal protection unrelated to drug sales, was stored separately, or you lacked knowledge of it.
Can I be charged under § 924(c) if the gun wasn’t mine?
Yes, under theories of “constructive possession” or aiding and abetting. The government can charge you if you had the power and intention to control the firearm, even if it belonged to someone else. Proving a lack of knowledge and control is a key defense strategy.
What is the difference between state and federal gun charges in drug cases?
Federal charges under § 924(c) carry mandatory consecutive sentences and are prosecuted by the U.S. Attorney’s Office in federal court. Virginia state gun charges may be separate but often carry lesser mandatory minimums and are handled in county courts. Federal penalties are typically more severe.
Is there a plea bargain option for a § 924(c) charge?
Yes, but the mandatory minimum sentence cannot be bargained away. However, a skilled attorney can negotiate for the dismissal of the § 924(c) count in exchange for a plea to the underlying drug charge, or can secure a favorable sentencing recommendation on the drug charge to minimize the overall sentence.
What should I do if I’m under federal investigation for drugs and guns?
Immediately exercise your right to remain silent and request an attorney. Do not speak to agents without your lawyer present. Contact a possession of firearms in drug trafficking crime lawyer Arlington Virginia immediately. Early intervention can sometimes prevent charges from being filed or shape the direction of the investigation.
For more information on related defenses, see our pages on Arlington criminal defense and Virginia federal criminal defense. We also assist clients in nearby jurisdictions like Alexandria.
Last verified: April 2026. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding possession of firearms in a drug trafficking crime.