Use of a Firearm in Crime of Violence Lawyer Monmouth County — Federal & State Defense
A charge for the use of a firearm in a crime of violence in Monmouth County is a severe federal or state offense under 18 U.S.C. § 924(c) or N.J.S.A. 2C:39-4.1, carrying mandatory consecutive prison terms. Law Offices Of SRIS, P.C. provides a strong defense against these charges, which are prosecuted in the U.S.
Statutory Definition of Firearm Use in a Crime of Violence
In New Jersey, the use of a firearm in a crime of violence is addressed under both federal and state law. The primary federal statute is 18 U.S.C. § 924(c), which imposes mandatory minimum sentences for using, carrying, or possessing a firearm during and in relation to any crime of violence or drug trafficking crime. The sentence must run consecutively to any other sentence imposed. At the state level, N.J.S.A. 2C:39-4.1, known as the Graves Act, mandates severe penalties for possessing a firearm while committing certain serious crimes, including robbery, aggravated assault, and kidnapping.
Last verified: April 2026 | Superior Court of NJ, Monmouth Vicinage | New Jersey Legislature
Official Legal Citations
Understanding the specific statutes is critical for your defense. The laws are demanding and carry severe consequences.
- 18 U.S.C. § 924(c) (Federal statute for use of a firearm in crime of violence or drug trafficking crime)
- Superior Court of NJ, Monmouth Vicinage (Official court website for Monmouth County)
Insider Procedural Edge in Monmouth County
Monmouth County handles these cases through two primary tracks. Federal charges under 18 U.S.C. § 924(c) are prosecuted by the U.S. Attorney’s Office for the District of New Jersey and heard in federal court. State charges under the Graves Act are prosecuted by the Monmouth County Prosecutor’s Office in the Superior Court. A key local procedural fact is that New Jersey abolished cash bail in 2017; pretrial release for state charges is determined by a Public Safety Assessment risk score, not money. However, federal charges often involve a detention hearing where the government argues for holding the defendant without bail.
- Immediate Case Assessment: Determine if the case is federal (U.S. District Court) or state (Monmouth Superior Court) and identify the specific underlying crime of violence.
- Challenge the “Crime of Violence” Definition: Argue that the underlying offense does not meet the strict legal definition required for a 924c charge or Graves Act enhancement.
- File Pre-Trial Motions: File motions to suppress evidence (e.g., the firearm) if it was obtained through an unlawful search or seizure.
- Negotiate with Prosecutors: Explore possibilities for reducing the underlying charge, which can negate the firearm enhancement, or negotiate a plea to a lesser offense.
- Prepare for Trial or Sentencing: If the case proceeds, build a defense focused on disputing the “use” or “possession” element. If convicted, prepare extensive mitigation for sentencing.
Potential Penalties for Firearm Enhancements
In Monmouth County, a conviction for use of a firearm in a crime of violence carries severe mandatory penalties that add years to a sentence.
| Offense / Enhancement | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| 18 U.S.C. § 924(c) (First Offense) | Federal Felony | 5 years mandatory, consecutive | Up to $250,000 | Federal supervised release, forfeiture |
| 18 U.S.C. § 924(c) (Subsequent or Brandishing) | Federal Felony | 7-25 years to life mandatory, consecutive | Up to $250,000 | Enhanced federal sentencing |
| N.J.S.A. 2C:39-4.1 (Graves Act) | State Indictable Crime | Mandatory minimum with parole ineligibility (e.g., 3-5 years) | Up to $150,000 | Loss of gun rights, felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Firearm Charge Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your defense. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We understand the high-stakes nature of 924c and gun enhancement charges and provide a defense focused on challenging the prosecution’s evidence and legal theories at every stage.
Case Results & Client Advocacy
While specific local results for Monmouth County are not enumerated here, our firm-wide commitment is demonstrated through 4,739+ documented case results across our practice areas, with over 93% favorable outcomes. Our approach in firearm enhancement cases involves a meticulous review of the arrest, search, and interrogation procedures to identify constitutional violations, coupled with a strategic challenge to the legal sufficiency of the “crime of violence” designation.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Monmouth County Firearm Charge Defense Lawyers
Our New Jersey location serves clients facing 924c charges and gun enhancements in Monmouth County. We represent individuals in Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck.
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.
FAQs: Use of a Firearm in Crime of Violence Charges
What is a 924c charge?
Yes. A 924c charge refers to 18 U.S.C. § 924(c), a federal law that adds a mandatory, consecutive prison sentence for using, carrying, or possessing a firearm during and in relation to a crime of violence or drug trafficking crime. The sentence stacks on top of the penalty for the underlying crime.
What does a gun enhancement defense lawyer in Monmouth County do?
A gun enhancement defense lawyer challenges the added penalties for firearm use. This includes arguing the underlying crime wasn’t a “crime of violence,” the firearm wasn’t used “during and in relation to” the crime, or that evidence was illegally obtained. They negotiate with prosecutors and prepare for federal or state trials.
Is the sentence for a 924c charge mandatory?
Yes. A conviction under 18 U.S.C. § 924(c) carries a mandatory minimum prison sentence that must be served consecutively (back-to-back) with any sentence for the underlying crime. Judges have very limited discretion to deviate from these mandatory minimums.
Can a 924c charge be dropped?
It depends. A 924c charge can be dismissed if the underlying “crime of violence” is dismissed or acquitted, if the firearm evidence is suppressed, or if a plea agreement is reached where the defendant pleads guilty to other charges in exchange for the government dropping the 924c count. Success requires aggressive early defense.
What is the Graves Act in New Jersey?
The Graves Act (N.J.S.A. 2C:39-4.1) is New Jersey’s state-level gun enhancement law. It mandates severe penalties, including periods of parole ineligibility, for possessing a firearm while committing certain serious crimes like robbery, aggravated assault, or kidnapping. Defense often focuses on challenging the possession element or the seriousness of the underlying offense.
Do I need a different lawyer for federal vs. state gun charges?
Yes. While some firms handle both, federal 924c charges involve distinct procedures, sentencing guidelines, and prosecutors (U.S. Attorney’s Office). It is critical to have a lawyer, like Mr. Sris, with specific experience in federal court and the District of New Jersey to handle these contested cases effectively.
Internal Resources: For more information, see our New Jersey Criminal Defense hub page, or learn about related issues like federal criminal defense in Bergen County and DUI defense in Monmouth County.
Last verified: April 2026. The information on this page is based on New Jersey and federal law as of the verification date. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific case.
Monmouth 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.
Your case in Monmouth 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 Monmouth County that is the Superior Court of NJ, Monmouth Vicinage (9th Vicinage), 71 Monument Park, Freehold, NJ 07728, telephone (732) 677-4200, 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 Monmouth 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: Monmouth 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.