Use of a Firearm in Crime of Violence Lawyer in Garrett County, MD — What Are Your Defense Options?
A federal charge for Use of a Firearm in Crime of Violence under 18 U.S.C. § 924(c) in Garrett County carries severe mandatory minimum sentences, often 5 to 30 years consecutive to any other sentence. Law Offices Of SRIS, P.C.
Federal Statute for Use of a Firearm in a Crime of Violence
18 U.S.C. § 924(c) is the primary federal statute that criminalizes the use, carrying, or possession of a firearm in furtherance of a crime of violence or drug trafficking crime. The law imposes severe, mandatory penalties that must run consecutively (one after another) to any sentence imposed for the underlying crime. This means a conviction adds years, often decades, to a defendant’s total sentence.
Last verified: April 2026 | U.S. District Court for the District of Maryland | Maryland legislature
The statute defines a “crime of violence” under two clauses. The “elements clause” (§ 924(c)(3)(A)) covers felonies that have as an element the use, attempted use, or threatened use of physical force. The now-invalidated “residual clause” ( § 924(c)(3)(B)) previously covered felonies that involved a substantial risk of physical force. Following the Supreme Court’s decision in United States v. Davis (2019), the residual clause is void for vagueness, making the elements clause the sole basis for a “crime of violence” designation. This legal shift is a critical area for defense challenges.
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 prosecuted in Maryland, visit the U.S. District Court for the District of Maryland website.
Defending a 924c Charge in Garrett County
Federal gun charges prosecuted in the District of Maryland, which includes Garrett County, are handled with extreme severity by the U.S. Attorney’s Office. A conviction under 18 U.S.C. § 924(c) triggers mandatory minimum sentences that stack. For instance, a first conviction mandates at least 5 years in prison. A second or subsequent conviction mandates at least 25 years. These sentences must run consecutively to the sentence for the underlying crime.
- Immediate Case Review: Upon engagement, we conduct a thorough review of the indictment, focusing on whether the alleged predicate offense legally qualifies as a “crime of violence” post-Davis.
- Challenge the Predicate Crime: File a motion to dismiss the § 924(c) count if the underlying offense (e.g., conspiracy, certain robbery statutes) does not meet the strict “elements clause” definition.
- Suppress Evidence: Challenge the legality of the search, seizure, or arrest that led to the discovery of the firearm. If the gun is suppressed, the 924c charge may collapse.
- Negotiate with the U.S. Attorney: Engage in pre-trial negotiations to have the 924c charge dropped in exchange for a plea to the underlying offense, avoiding the mandatory consecutive sentence.
- Trial Preparation: If the case proceeds to trial, we prepare a strong defense separating your actions from the firearm’s use and challenging the prosecution’s evidence on possession and intent.
- Sentencing Mitigation: If convicted, we advocate vigorously at sentencing within the guidelines, presenting mitigating factors to argue for the lowest possible sentence.
Potential Penalties for a 924c Conviction
In Garrett County, a conviction for Use of a Firearm in Crime of Violence under 18 U.S.C. § 924(c) carries severe federal mandatory minimum sentences that must run consecutively to any other sentence.
| Offense / Circumstance | Mandatory Minimum Prison | Maximum Prison | Fine | Supervised Release |
|---|---|---|---|---|
| First § 924(c) Conviction | 5 years | Life | Up to $250,000 | Up to 5 years |
| Second § 924(c) Conviction | 25 years | Life | Up to $250,000 | Up to 5 years |
| Firearm is a Short-Barreled Rifle/Shotgun or has a Silencer | 10 years | Life | Up to $250,000 | Up to 5 years |
| Firearm is a Machine Gun or Destructive Device | 30 years | Life | Up to $250,000 | Up to 5 years |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Gun Enhancement Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a unique perspective to federal criminal defense. Our firm-wide track record includes 4,739+ documented case results with over 93% favorable outcomes. We understand the high-stakes nature of federal gun charges and the aggressive tactics of federal prosecutors. Our approach combines Mr. Sris’s strategic oversight with the hands-on litigation experience of our team. For a gun enhancement defense lawyer in Garrett County who understands both the letter of the law and the realities of the courtroom, our firm provides committed representation.
Case Results and Client Advocacy
While specific results for Garrett County are integrated into our firm-wide metrics, our approach to federal gun charges is proven. We meticulously challenge the government’s evidence and legal theories. For instance, we have successfully argued for the dismissal of § 924(c) counts by proving the underlying offense did not qualify as a “crime of violence.” In other cases, strategic negotiations have led to the dismissal of the gun enhancement in exchange for a plea on other counts, sparing clients decades of mandatory prison time.
Results may vary. Prior results do not aim for a similar outcome.
Garrett County Federal Criminal Defense Lawyers
Law Offices Of SRIS, P.C.
199 E Montgomery Ave Suite 100 Room 211, Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747
By appointment only. 24/7 phone consultations.
Our Maryland location serves clients in Garrett County, including Oakland, Deep Creek Lake, Accident, Grantsville, Mountain Lake Park, and Friendsville. We provide experienced legal defense for Use of a Firearm in Crime of Violence charges and other federal matters.
FAQs: Use of a Firearm in Crime of Violence Charges
What is a “924c charge” in Garrett County?
It is a federal charge under 18 U.S.C. § 924(c) for using or carrying a firearm during a “crime of violence.” It carries severe mandatory prison sentences that must be served consecutively to any sentence for the underlying crime, making a 924c charge defense lawyer in Garrett County essential.
What is a “gun enhancement” in federal court?
A gun enhancement refers to the additional penalties, like those under § 924(c), added to a sentence because a firearm was involved in the crime. A skilled gun enhancement defense lawyer in Garrett County challenges the basis for this add-on punishment, which can add 5 to 30 years to a sentence.
Can a 924(c) charge be dropped?
Yes. It can be dropped if the underlying crime is dismissed or doesn’t legally qualify as a “crime of violence,” or if evidence of the firearm is suppressed. An experienced Use of a Firearm in Crime of Violence lawyer negotiates with prosecutors to drop this charge to resolve the case.
What is the “crime of violence” definition for 924(c)?
After the Davis decision, only felonies that have the use, attempted use, or threatened use of physical force as an element qualify. Crimes like conspiracy or fraud generally do not. This narrow definition is a key defense point for a 924c charge defense lawyer.
What are the penalties for a first-time 924(c) conviction?
A first conviction carries a mandatory minimum of 5 years in federal prison, which must run consecutively to the sentence for the other crime. The maximum can be life, with fines and supervised release.
Why do I need a specific lawyer for this charge?
These charges involve complex federal law and procedure. A Use of a Firearm in Crime of Violence lawyer with federal experience understands how to challenge the predicate crime, negotiate with U.S. Attorneys, and handle sentencing guidelines to minimize the devastating impact.
Internal Resources
For more information, see our Maryland Federal Criminal Defense hub page. We also assist with related matters in Garrett County like DUI defense and business law. Learn more about Attorney Kristen Fisher’s background.
Page last verified and updated: April 2026. Federal statutes and procedures are subject to change. The information provided is for general reference and does not constitute legal advice. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for a consultation regarding your specific situation.