Burlington County 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 prison sentences in Burlington County, NJ. A conviction can add a consecutive 5-year to life term to your underlying drug sentence. The Law Offices Of SRIS, P.C.
Federal Law on Firearms in Drug Trafficking
Possession of firearms in a drug trafficking crime is a separate federal offense under 18 U.S.C. § 924(c). It is not a simple gun charge; it is an enhancement that applies when a firearm is used, carried, or possessed in connection with a federal crime of violence or drug trafficking crime. In the context of drug trafficking, the government must prove beyond a reasonable doubt that you committed a predicate drug trafficking offense and that you knowingly possessed a firearm in furtherance of that crime. Mere possession at the same time is often insufficient; prosecutors must show a specific nexus between the gun and the drug activity.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | New Jersey Legislature
Official Legal Resources
Understanding the statute is critical. You can review the federal law at the U.S. Code for 18 U.S.C. § 924 (Cornell Legal Information Institute). For local court procedures and rules, visit the U.S. District Court for the District of New Jersey website.
Defense Strategy for Burlington County Cases
An effective defense against a charge of possession of firearms in a drug trafficking crime requires attacking both the predicate drug charge and the specific firearm nexus. In Burlington County, federal cases are often investigated by the DEA, FBI, or ATF and prosecuted out of the Camden or Newark divisions of the U.S. Attorney’s Office. A common defense is to argue the firearm was not possessed “in furtherance of” the drug trade but for an unrelated reason, such as personal protection. Another strategy involves challenging the legality of the search that discovered the firearm and drugs, potentially skilled to suppression of evidence.
- Initial Investigation & Arrest: Federal agents execute a search warrant, often skilled to simultaneous seizure of drugs, paraphernalia, cash, and firearms. You will be arrested and brought before a U.S. Magistrate Judge for an initial appearance.
- Detention Hearing: The government will seek to detain you without bail as a danger to the community or flight risk, especially with a § 924(c) charge. Your lawyer must argue for pretrial release conditions.
- Indictment & Arraignment: A federal grand jury in Newark or Camden will issue an indictment. You will be arraigned, and pleas of not guilty are entered.
- Discovery & Motion Practice: Your defense attorney will review all evidence, including lab reports, surveillance, and agent reports. Critical motions to suppress evidence or sever charges are filed.
- Plea Negotiations or Trial: Given the severe mandatory minimums, plea negotiations are demanding. If no agreement is reached, the case proceeds to a jury trial in federal court.
- Sentencing: If convicted, sentencing follows U.S. Sentencing Guidelines. A § 924(c) conviction carries a mandatory consecutive sentence stacked on top of the drug sentence.
Potential Penalties for a Conviction
In Burlington County federal court, a conviction for possession of firearms in a drug trafficking crime under 18 U.S.C. § 924(c) mandates a prison term consecutive to the sentence for the underlying drug crime.
| Firearm Type / Circumstance | Mandatory Minimum Sentence | Maximum Sentence | Additional Consequences |
|---|---|---|---|
| Any firearm (first offense) | 5 years | Life | Consecutive to drug sentence; Supervised release; Fines up to $250,000. |
| Short-barreled rifle, shotgun, or semiautomatic assault weapon | 10 years | Life | Consecutive to drug sentence; Forfeiture of firearm. |
| Second or subsequent § 924(c) conviction | 25 years | Life | Consecutive to all other sentences. |
| Brandishing the firearm | 7 years | Life | Consecutive to drug sentence. |
| Discharging the firearm | 10 years | Life | Consecutive to drug sentence. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Federal Drug and Gun Charges
Founded in 1997, the Law Offices Of SRIS, P.C. brings a multi-state perspective to federal criminal defense. Our founder, a former prosecutor, understands the tactics used by federal agencies to build drug and gun cases. We approach each case by meticulously dissecting the government’s evidence to find weaknesses in the connection between the firearm and the alleged drug trafficking activity. This focused strategy is essential for anyone seeking a drug and gun charge defense lawyer Burlington County residents can rely on.
Case Results and Client Advocacy
The Law Offices Of SRIS, P.C. has a documented record of favorable outcomes in criminal cases. While specific results for possession of firearms in a drug trafficking crime in Burlington County are not listed here, our firm-wide approach has secured dismissals, charge reductions, and favorable plea agreements in numerous federal matters. We prepare every case with the intensity required for federal court, where the stakes are highest.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Burlington County Federal Defense Lawyers
Our New Jersey location serves clients facing federal charges in Burlington County. We are situated to represent you at the U.S. District Court for the District of New Jersey. Our firm provides armed drug trafficking lawyer Burlington County clients need for these serious allegations.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 275-1977
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Serving: Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, Marlton, and throughout Burlington County.
FAQs: Possession of Firearms in a Drug Trafficking Crime
What does “in furtherance of” mean in a § 924(c) charge?
It depends. The government must prove the firearm helped advance or promote the drug crime. It is more than just having a gun near drugs. Factors include the gun’s type, location, accessibility, and whether it was loaded. A strong defense argues the connection is not proven.
Can I be charged under § 924(c) if the gun wasn’t mine?
Yes. You can be charged under a theory of “constructive possession” if the prosecution proves you had the power and intention to control the firearm, even if it was in a shared space like a car or house. Proving a lack of knowledge or control is a key defense.
Are there any defenses to a § 924(c) charge?
Yes. Common defenses include: challenging the legality of the search (Fourth Amendment), arguing the firearm was unrelated to drug activity, proving you did not know the gun was present, or attacking the validity of the underlying drug trafficking charge. An armed drug trafficking lawyer Burlington County can evaluate the best strategy.
What is the difference between state and federal gun charges in drug cases?
State charges, like certain violations under N.J.S.A. 2C:39-4.1, may carry significant penalties but often allow for parole and have different proof standards. Federal § 924(c) charges impose mandatory minimum sentences that must be served consecutively to any other sentence, with no parole in the federal system.
If I plead guilty to the drug charge, does the gun charge go away?
No. A § 924(c) charge is a separate, standalone count in an indictment. Pleading guilty to the drug charge does not automatically dismiss the firearm charge. The government may offer a plea deal that includes dismissing the § 924(c) count, but this is a critical negotiation point.
Why do I need a lawyer who concentrates on federal court?
Federal criminal procedure, evidence rules, and sentencing guidelines are vastly different from state court. A lawyer experienced in federal practice understands how to handle pretrial motions, negotiate with Assistant U.S. Attorneys, and advocate effectively at sentencing. This experience is important for a possession of firearms in drug trafficking crime lawyer Burlington County clients trust.
Internal Resources
For more information on related legal issues, please visit our New Jersey Federal Criminal Defense hub page. If you are facing other charges, consider reading about general criminal defense in Burlington County or DUI defense in Burlington County.
Page last verified and updated: April 2026. The law changes frequently. For the most current advice regarding your specific case, contact the Law Offices Of SRIS, P.C. at (888) 437-7747.
For the full picture beyond Burlington County, our page on possession of firearms in drug trafficking crime cases in New Jersey covers the process end to end.
Your case in Burlington County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, 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 N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Burlington 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: Burlington County NJ lawyers directory · Possession of Firearms in Drug Lawyer Bergen County · Possession of Firearms in Drug Lawyer Middlesex County · Possession of Firearms in Drug Lawyer Hudson County.