Use of a Firearm in Crime of Violence Lawyer in Morris County, NJ
A federal charge for the use of a firearm in a crime of violence under 18 U.S.C. § 924(c) in Morris County carries severe mandatory minimum sentences, often 5 to 30 years consecutive to any other sentence. As a use of a firearm in crime of violence lawyer, Law Offices Of SRIS, P.C. defends clients in the U.S.
Federal Statute for Firearm Use in a Crime of Violence
The primary federal statute for these charges is 18 U.S.C. § 924(c). This law imposes mandatory minimum prison sentences for using, carrying, or possessing a firearm during and in relation to any federal crime of violence or drug trafficking crime. The penalties escalate dramatically for subsequent convictions and for specific firearm types like machineguns or destructive devices. The statute is prosecuted in the U.S. District Court for the District of New Jersey, which has jurisdiction over Morris County.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | New Jersey Legislature
Official Legal Resources
For the official text of the federal statute, see 18 U.S.C. § 924 (Legal Information Institute). For information on the federal court handling these cases, visit the U.S. District Court for the District of New Jersey website.
Defending a 924c Charge in Morris County
Defending a 924c charge requires challenging both the underlying “crime of violence” and the firearm’s connection to it. In Morris County, federal investigations are often led by the FBI, DEA, or ATF. A key defense strategy involves filing motions to suppress evidence if the firearm was discovered through an unlawful search. Another critical angle is challenging the legal definition of the predicate offense as a “crime of violence,” which has been narrowed by recent Supreme Court decisions.
- Secure immediate legal representation upon learning of a federal investigation.
- Your attorney will review the indictment and all discovery from the U.S. Attorney’s Office.
- File pretrial motions, which may challenge the search, seizure, or the definition of the predicate crime.
- Engage in plea negotiations, often aiming to avoid the mandatory consecutive sentence.
- If the case proceeds to trial, present a defense challenging the government’s evidence on each element.
- If convicted, advocate for the most favorable sentence within the mandatory guidelines at the sentencing hearing.
Potential Penalties for Federal Firearm Charges
In federal court, a conviction for use of a firearm in a crime of violence under 18 U.S.C. § 924(c) carries a mandatory minimum sentence of 5 years for a first offense, which must run consecutively to any sentence for the underlying crime.
| Offense | Classification | Mandatory Incarceration | Maximum Fine | Additional Consequences |
|---|---|---|---|---|
| First 924(c) Conviction | Federal Felony | 5 years (consecutive) | $250,000 | Forfeiture of firearm; felony record |
| Second 924(c) Conviction | Federal Felony | 25 years (consecutive) | $250,000 | Enhanced sentencing under Armed Career Criminal Act (ACCA) possible |
| Brandishing a Firearm | Federal Felony | 7 years (consecutive) | $250,000 | — |
| Discharging a Firearm | Federal Felony | 10 years (consecutive) | $250,000 | — |
Results may vary. Prior results do not aim for 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. Our attorneys bring a combined 120+ years of legal experience to complex federal cases. We understand the high-stakes nature of federal firearm charges and the severe penalties involved. Our approach is direct and focused on the specific legal and factual challenges of your case.
Case Results and Client Advocacy
While specific results for use of a firearm in crime of violence cases in Morris County are not listed, our firm-wide record includes 4,739+ documented case results with over 93% favorable outcomes across all practice areas and jurisdictions.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Morris County Federal Defense Lawyers
Our New Jersey location serves clients in Morris County facing federal charges. We are accessible from I-80, I-287, Route 10, and Route 46. We serve communities including Morristown, Parsippany, Dover, Randolph, Denville, Madison, Florham Park, Chatham, Boonton, Mount Olive, Roxbury, and Chester.
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 “crime of violence” under 924(c)?
It depends. The definition has been narrowed by courts. It generally includes felonies that involve a substantial risk of physical force, like robbery or carjacking. Your lawyer must analyze the specific predicate offense charged. A skilled 924c charge defense lawyer Morris County can challenge whether the underlying crime meets the legal definition.
Can the mandatory sentence for a 924(c) charge run concurrently?
No. By law, the mandatory minimum sentence for a 924(c) conviction must run consecutively (one after the other) to any sentence imposed for the underlying crime of violence or drug trafficking crime. This is a critical reason to mount an aggressive defense.
What is a gun enhancement in federal court?
A gun enhancement refers to the increased penalties under statutes like 18 U.S.C. § 924(c). It is not a separate charge but a sentencing add-on that mandates extra prison time. Defending against this enhancement requires a gun enhancement defense lawyer Morris County who can attack the connection between the firearm and the crime.
What is the difference between “use” and “carry” under 924(c)?
The law covers using, carrying, or possessing a firearm. “Use” can mean brandishing or discharging. “Carry” typically means having the firearm on one’s person or in a vehicle. The government must prove this element beyond a reasonable doubt, which is a key point for defense.
Can a plea bargain remove a 924(c) charge?
Yes, it is possible. Prosecutors may agree to dismiss the 924(c) count in exchange for a guilty plea to the underlying offense. This is often a primary negotiation objective for a use of a firearm in crime of violence lawyer, as it avoids the mandatory consecutive sentence.
For more information on related defenses, see our pages on New Jersey Federal Criminal Defense or Federal Criminal Lawyer in Bergen County. If you are facing other charges, consider a Morris County Criminal Defense Lawyer.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.