Use of a Firearm in Crime of Violence Lawyer in Passaic County, NJ
A federal charge for the use of a firearm in a crime of violence under 18 U.S.C. § 924(c) in Passaic County carries severe mandatory minimum sentences, often 5 to 30 years consecutive to any other sentence. Law Offices Of SRIS, P.C. provides defense for these federal cases, which are prosecuted 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 prison sentences for anyone who uses, carries, or possesses a firearm in furtherance of a federal crime of violence or drug trafficking crime. The penalties increase dramatically for second or subsequent convictions and for specific types of firearms, like machine guns or destructive devices.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | Federal Criminal Code
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the high stakes of federal prosecutions. A 924c charge defense lawyer Passaic County must dissect the government’s theory that the firearm was used “in furtherance of” the underlying crime, which is a key point for defense.
Official Legal Resources
Defending a 924(c) Charge in Passaic County
Federal prosecutors in the Newark Division of the U.S. Attorney’s Office for the District of New Jersey aggressively pursue these charges. A critical local procedural fact is that the underlying “crime of violence” must be a separate federal offense. New Jersey state charges alone typically cannot serve as the predicate. Defense often focuses on challenging whether the underlying crime qualifies as a “crime of violence” under the legal definitions, which have been narrowed by recent Supreme Court decisions.
- Initial Investigation & Detention Hearing: Immediately after arrest or indictment, your attorney will review the criminal complaint and seek a detention hearing to argue for pretrial release.
- Challenging the Predicate Crime: Your defense will analyze whether the alleged underlying offense legally qualifies as a “crime of violence” under current federal law.
- Discovery & Motion Practice: Your lawyer will file motions to suppress evidence, challenge the indictment, or seek dismissal if the government’s theory is legally flawed.
- Plea Negotiation or Trial: Given the severe penalties, strategic negotiation may be important. If no fair offer is made, your attorney must be prepared for a federal trial.
Penalties for a Federal Firearm Conviction
In Passaic County federal court, a conviction under 18 U.S.C. § 924(c) carries a mandatory minimum sentence that must run consecutively (added on) to any sentence for the underlying crime.
| Offense | Classification | Mandatory Minimum Incarceration | Maximum Fine | Additional Consequences |
|---|---|---|---|---|
| First 924(c) Conviction | Federal Felony | 5 years | $250,000 | Sentence runs consecutive to underlying crime. |
| Second 924(c) Conviction | Federal Felony | 25 years | $250,000 | Sentence runs consecutive to all other counts. |
| Brandishing a Firearm | Enhanced Penalty | 7 years (first offense) | $250,000 | Added to base 5-year minimum. |
| Discharging a Firearm | Enhanced Penalty | 10 years (first offense) | $250,000 | Added to base 5-year minimum. |
| Machine Gun / Destructive Device | Enhanced Penalty | 30 years (first offense) | $250,000 | Extreme sentencing enhancement. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Federal Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997. With a combined attorney experience of over 120 years, we approach federal firearm charges with a deep understanding of the strategies employed by the U.S. Attorney’s Office. Our founder, Mr. Sris, is a former prosecutor with a background that provides an advantage in dissecting demanding government cases. We focus on building a defense that challenges every element the government must prove.
Case Results & Client Advocacy
While specific case results for federal firearm charges in Passaic County are not disclosed, our firm-wide record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We actively defend clients in federal courts, including the District of New Jersey. A use of a firearm in crime of violence lawyer Passaic County from our firm will work to challenge the predicate crime, the connection to the firearm, and fight the severe mandatory penalties.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Passaic County Federal Defense Lawyers
Our New Jersey location serves clients facing federal charges in Passaic County, including those at the U.S. District Court in Newark. We represent individuals in Paterson, Clifton, Wayne, and throughout the county.
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.
Federal Firearm Charge FAQs
What is a “crime of violence” under 924(c)?
It depends. Under federal law, a “crime of violence” is a felony that has as an element the use, attempted use, or threatened use of physical force (the “elements clause”) or is one of a specific list of enumerated offenses like robbery or carjacking. The definition is narrow and often litigated, which is a key defense angle.
Can a 924c charge be dropped?
Yes, it is possible. A 924c charge defense lawyer Passaic County can file motions to dismiss if the underlying crime is not a valid predicate, if the firearm was not used “in furtherance of” the crime, or if evidence was obtained illegally. Successful pretrial motions can lead to charges being dropped or reduced.
What does a gun enhancement defense lawyer do?
A gun enhancement defense lawyer Passaic County focuses on fighting the added penalties for firearm use. This involves challenging the evidence linking the gun to the client, arguing against “brandishing” or “discharge” enhancements, and negotiating to have the 924(c) count dismissed in exchange for a plea to the underlying offense.
Is there parole for a federal 924(c) sentence?
No. The federal system abolished parole for crimes committed after 1987. The mandatory minimum sentence for a 924(c) conviction must be served in full, with only a potential reduction of up to 15% for good behavior while in prison.
Where are these cases heard for Passaic County residents?
Federal charges for Passaic County residents are prosecuted by the U.S. Attorney’s Office for the District of New Jersey, typically in the Newark division. All proceedings, including arraignment, detention hearings, and trial, occur at the U.S. District Court located in Newark, not in a Passaic County courthouse.
Internal Resources: For more on our federal practice, see our New Jersey Federal Criminal Defense hub. We also assist with related Passaic County DUI charges and Business Law matters. Learn more about our lead attorney on his profile page.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. for current legal guidance.
For the full picture beyond Passaic 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 Passaic 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 Passaic County that is the Superior Court of NJ, Passaic Vicinage (11th Vicinage), 77 Hamilton Street, Paterson, NJ 07505, telephone (973) 247-8000, 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 Passaic 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: Passaic 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.