Use of a Firearm in Crime of Violence Lawyer Burlington County — Federal Gun Enhancement Defense
A federal charge for the use of a firearm in a crime of violence under 18 U.S.C. § 924(c) in Burlington County carries severe mandatory minimum sentences, often 5 to 30 years consecutive to any other sentence. Law Offices Of SRIS, P.C. provides a strong defense against these charges, which are prosecuted in the U.S.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | New Jersey legislature.
Federal Statute for Use of a Firearm in a Crime of Violence
The primary federal statute governing these charges is 18 U.S.C. § 924(c). This law imposes severe penalties for using, carrying, or possessing a firearm in furtherance of a federal “crime of violence” or drug trafficking crime. The penalties are consecutive (added on) to any sentence for the underlying crime. A conviction under this statute in Burlington County federal court can result from cases investigated by the FBI, ATF, DEA, or other federal agencies operating in the region.
For a 924c charge defense lawyer Burlington County, the definition of a “crime of violence” is often a critical battleground. The statute defines it as a felony that either (A) has as an element the use, attempted use, or threatened use of physical force against another person or property, or (B) by its nature, involves a substantial risk that physical force may be used. Challenging whether the underlying offense qualifies is a key defense strategy.
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 where these cases are heard, visit the U.S. District Court for the District of New Jersey website.
Defending a Federal Gun Enhancement Charge in Burlington County
Defending against a gun enhancement charge requires attacking both the firearm allegation and its connection to the underlying crime. In the U.S. District Court for New Jersey, prosecutors must prove beyond a reasonable doubt that the firearm was used, carried, or possessed “in furtherance of” the crime. This is more than mere possession; it requires a showing that the firearm furthered, advanced, or helped forward the crime.
- Initial Investigation & Detention Hearing: Immediately after arrest or indictment, your lawyer will review the criminal complaint, seek discovery, and argue for pretrial release at a detention hearing in federal court.
- Challenging the “Crime of Violence” Predicate: Your attorney will file motions to dismiss the § 924(c) count if the underlying offense (e.g., Hobbs Act robbery, carjacking) does not legally qualify as a “crime of violence.”
- Suppressing Evidence: File motions to suppress the firearm if it was obtained through an unconstitutional search or seizure by federal or local law enforcement.
- Negotiating with the U.S. Attorney’s Office: Engage in plea negotiations, potentially seeking to drop the § 924(c) count in exchange for a plea to the underlying offense, thereby avoiding the mandatory consecutive sentence.
- Trial Preparation: If the case proceeds to trial, prepare a defense that separates the firearm from the crime, argues lack of knowledge or possession, or challenges the credibility of witnesses linking you to the gun.
- Sentencing Mitigation: If convicted, present powerful mitigation evidence to argue for a sentence at the low end of the guideline range for any remaining counts.
Potential Penalties for a Federal Firearms Conviction
In Burlington County federal court, a conviction for use of a firearm in a crime of violence under 18 U.S.C. § 924(c) carries severe mandatory prison terms that must run consecutively to any other sentence.
| Offense | Classification | Mandatory Minimum Incarceration | Maximum Incarceration | Fine |
|---|---|---|---|---|
| First § 924(c) Conviction | Federal Felony | 5 years | Life* | Up to $250,000 |
| Second § 924(c) Conviction | Federal Felony | 25 years | Life | Up to $250,000 |
| § 924(c) with Machinegun/Destructive Device | Federal Felony | 30 years | Life | Up to $250,000 |
| Brandishing the Firearm | Federal Felony | 7 years | Life | Up to $250,000 |
| Discharging the Firearm | Federal Felony | 10 years | Life | Up to $250,000 |
*Life is possible if the firearm discharge causes death.
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Federal Firearms Charges
Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings a combined 120+ years of legal experience to federal criminal defense. Our approach to defending use of a firearm in crime of violence charges is grounded in a detailed understanding of federal law and procedure. We scrutinize the government’s evidence, challenge the legal sufficiency of the “crime of violence” predicate, and explore every constitutional issue from search and seizure to right to counsel. Our firm-wide track record includes 4,739+ documented case results with a high rate of favorable outcomes.
Case Results & Client Advocacy
While we maintain a firm-wide record of 4,739+ documented case results with over 93% favorable outcomes, each federal firearms case is unique. Our defense strategies for a gun enhancement defense lawyer Burlington County are case-specific to the specific facts and law of your case. We have successfully challenged the government’s evidence, negotiated favorable plea agreements that avoid mandatory minimums, and prepared strong cases for trial when necessary.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Burlington County Federal Firearms Defense Lawyer
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.
Our New Jersey location serves clients facing federal charges in Burlington County, including Mount Holly, Mount Laurel, Moorestown, and surrounding communities. We offer 24/7 phone consultations. Meetings are by appointment only.
FAQs: Use of a Firearm in a Crime of Violence Charges
What is a “924(c)” charge?
It is a federal charge under 18 U.S.C. § 924(c) for using, carrying, or possessing a firearm in furtherance of a crime of violence or drug trafficking crime. It carries a mandatory prison sentence that must be served consecutively to the sentence for the underlying crime.
What does “in furtherance of” mean in a gun charge?
It means the government must prove the firearm helped forward, advance, or promote the commission of the underlying crime. Mere possession at the scene is not enough. A skilled 924c charge defense lawyer Burlington County will fight to show no such connection existed.
What is a “crime of violence” under federal law?
The legal definition is demanding. Generally, it is a felony that has as an element the use of force or that, by its nature, involves a substantial risk of physical force. Common predicates include Hobbs Act robbery, carjacking, and certain assault offenses. Challenging this classification is a key defense.
Can a plea deal remove a gun enhancement?
Yes, it is possible. In some cases, a skilled gun enhancement defense lawyer Burlington County can negotiate with the U.S. Attorney’s Office to dismiss the § 924(c) count in exchange for a guilty plea to the underlying offense, thereby avoiding the mandatory consecutive sentence.
Where are these federal cases heard for Burlington County?
These cases are prosecuted in the U.S. District Court for the District of New Jersey. The court has divisions in Newark, Trenton, and Camden. Your case location depends on where the alleged offense occurred and where the federal investigation was based.
Related Practice Areas: If you are facing other federal charges, our firm also handles federal business crimes, civil litigation, and serious DUI offenses in Burlington County.
Other Locations: We also defend clients in neighboring federal jurisdictions. Learn about our services for Atlantic County, Bergen County, and Camden County.
For more information on federal criminal defense, visit our New Jersey Federal Criminal Defense hub 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 use of a firearm in crime of violence charges.
For the full picture beyond Burlington County, our page on use of a firearm in crime of violence cases in New Jersey covers the process end to end.
Your case in Burlington 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 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 Title 18 of the United States Code and the Federal Rules of Criminal Procedure. 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 · 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.