Use of a Firearm in Crime of Violence Lawyer in Cumberland County, NJ
A charge for the use of a firearm in a crime of violence in Cumberland County is a severe federal offense under 18 U.S.C. § 924(c), carrying mandatory consecutive prison sentences. If you are facing a 924c charge or a gun enhancement in New Jersey, securing a defense lawyer with federal experience is critical. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Superior Court of NJ, Cumberland Vicinage | Cumberland Vicinage Court Website
Federal Law on Firearm Use in Crimes of Violence
The federal statute governing the use of a firearm in a crime of violence is 18 U.S.C. § 924(c). This law imposes severe mandatory minimum sentences that must run consecutively to any sentence for the underlying crime. In New Jersey, these charges are prosecuted in federal court, often by the U.S. Attorney’s Office for the District of New Jersey. The statute is demanding, and a successful defense requires a lawyer who understands both the federal sentencing guidelines and the specific procedures of the local federal court system.
Key Elements of a 924c Charge
For a conviction under 18 U.S.C. § 924(c), the prosecution must prove beyond a reasonable doubt that the defendant used, carried, or possessed a firearm. They must also prove that this act was in furtherance of a “crime of violence” as defined by federal law. The definition of a “crime of violence” is a frequent point of legal challenge, and recent Supreme Court decisions have narrowed its scope. A skilled use of a firearm in crime of violence lawyer will scrutinize whether the underlying offense legally qualifies, which can be a powerful defense strategy.
- Initial Consultation & Case Assessment: Contact our firm as early as possible after arrest or upon learning of an investigation. We will review the details of the alleged crime of violence and the firearm allegation.
- Investigation & Motion Practice: We conduct a thorough investigation, which may include challenging the legality of searches, the definition of the underlying crime, or the sufficiency of the indictment.
- Negotiation & Strategy: We explore all options, which may include negotiating a plea to the underlying charge to avoid the mandatory consecutive sentence of a 924c conviction, if strategically advisable.
- Trial Preparation: If the case proceeds to trial, we prepare a vigorous defense, challenging every element the government must prove, from firearm possession to its connection to a qualifying crime of violence.
- Sentencing Advocacy: If convicted, we advocate at sentencing within the strict confines of the mandatory minimums, presenting mitigating factors to argue for the lowest possible sentence.
Penalties for Federal Firearm Charges
In Cumberland County, a conviction for use of a firearm in a crime of violence under 18 U.S.C. § 924(c) carries severe mandatory penalties that stack on top of the sentence for the underlying crime.
| Firearm Type / Circumstance | Mandatory Minimum Sentence | Notes |
|---|---|---|
| First 924(c) Conviction | 5 years | Sentence runs consecutively to the underlying crime. |
| Second or Subsequent 924(c) Conviction | 25 years | Also consecutive; applies even if charged in the same indictment. |
| Brandishing the Firearm | 7 years | Additional mandatory minimum. |
| Discharging the Firearm | 10 years | Additional mandatory minimum. |
| Machine Gun or Destructive Device | 30 years | Additional mandatory minimum. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Federal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With a combined attorney experience of over 120 years and a firm-wide record of 4,739+ documented case results, our team understands the high stakes of federal firearm charges. Our approach is grounded in a detailed analysis of the law and aggressive advocacy from the initial investigation through trial or sentencing.
Case Results & Client Advocacy
While every case is unique, our firm’s extensive experience forms the foundation of our defense strategies. We have successfully defended clients facing serious federal and state charges. Our firm-wide record includes over 4,739 documented case results with a high rate of favorable outcomes, including dismissals, charge reductions, and favorable plea agreements.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Cumberland County Federal Defense Lawyers
Our New Jersey location serves clients throughout Cumberland County, including Bridgeton, Vineland, and Millville. We are familiar with the local federal court procedures and are prepared to defend you.
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. Contact us anytime to discuss your case involving a use of a firearm in a crime of violence, a 924c charge, or a gun enhancement.
FAQs: Firearm Charges in Federal Court
What is a “crime of violence” under federal law?
It depends. The legal definition has been narrowed by recent court rulings. Generally, it is a felony that has as an element the use of force or that, by its nature, involves a substantial risk that physical force may be used. A skilled gun enhancement defense lawyer Cumberland County will challenge whether your specific underlying charge meets this definition.
Can I be charged in both state and federal court for the same incident involving a gun?
Yes. This is known as “dual sovereignty.” The state of New Jersey and the federal government are separate sovereigns, so they can both prosecute you for the same conduct if it violates both state and federal laws. This makes having a lawyer experienced in both systems important.
What is the difference between a 924c charge and a state gun enhancement?
A 924c charge is a standalone federal offense with mandatory consecutive sentences. A state gun enhancement in New Jersey, such as under the Graves Act (N.J.S.A. 2C:43-6(c)), adds mandatory minimum parole ineligibility to a state sentence. The defenses and procedures differ significantly, requiring a lawyer versed in the relevant jurisdiction.
Are there any defenses to a 924c charge?
Yes. Common defenses include challenging the connection between the firearm and the crime, arguing the underlying offense is not a “crime of violence,” contesting proof of possession or use, and raising constitutional issues like illegal search and seizure. An early and thorough defense investigation is key.
Internal Resources
If you are facing federal charges, learn more about our New Jersey Federal Criminal Defense practice. For related charges in Cumberland County, see our pages on Cumberland County Criminal Defense and Cumberland County DUI Defense.
Page Last verified: April 2026. Federal statutes and procedures can change. For the most current advice regarding a use of a firearm in a crime of violence charge, contact Law Offices Of SRIS, P.C. directly.
Cumberland County cases follow the same route as the rest of the state, and our page on use of a firearm in crime of violence cases in New Jersey explains each stage.
If your case reaches beyond Cumberland County, our page on use of a firearm in crime of violence cases across Virginia sets out what to look for at each stage.
Your case in Cumberland 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 Cumberland County that is the Superior Court of NJ, Cumberland Vicinage (15th Vicinage), Broad & Fayette Streets, Bridgeton, NJ 08302, telephone (856) 453-4300, 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 Cumberland 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: Cumberland 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.