Use of a Firearm in Crime of Violence Lawyer Union County — What Are Your Defense Options?

A federal charge for the use of a firearm in a crime of violence under 18 U.S.C. § 924(c) in Union County, New Jersey, carries severe mandatory minimum sentences. This charge is often a gun enhancement added to other federal crimes, prosecuted in the U.S. District Court for the District of New Jersey. Law Offices Of SRIS, P.C.

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Federal Statute for Use of a Firearm in a Crime of Violence

18 U.S.C. § 924(c) is the primary federal statute criminalizing the use or carrying of a firearm during and in relation to any crime of violence or drug trafficking crime. A conviction triggers a mandatory minimum prison sentence that must be served consecutively to any sentence for the underlying crime. The definition of a “crime of violence” is a legal issue often contested in federal court, as it can include offenses like robbery, carjacking, or certain assault charges.

Last verified: April 2026 | U.S. District Court for the District of New Jersey | 18 U.S.C. § 924 (official U.S. Code)

Official Government Resources

Defending a 924c Charge in Union County Federal Court

Defending against a 924c charge requires attacking both the firearm allegation and the underlying predicate crime. A key local procedural fact is that the U.S. Attorney’s Office for the District of New Jersey, which prosecutes these cases, has dedicated units for violent crime and firearms offenses. The federal courthouses in Newark and Camden are where these cases are typically heard. The mandatory sentences make early and aggressive defense critical.

Initial Investigation & Detention Hearing: Immediately after arrest or indictment, your attorney will work to secure your release. A detention hearing in federal court determines if you will be held pretrial.
Challenging the Predicate Crime: Your defense lawyer will file motions to dismiss or sever the § 924(c) count, arguing the underlying offense does not legally qualify as a “crime of violence.”
Suppression of Evidence: If the firearm was discovered through an illegal search or seizure, a motion to suppress that evidence can be filed, which may lead to the dismissal of the gun charge.
Plea Negotiations: Given the severe penalties, negotiating a plea agreement that reduces or drops the § 924(c) charge is often a primary objective, potentially in exchange for cooperation or a plea to lesser charges.
Trial Preparation: If the case proceeds to trial, the defense will focus on creating reasonable doubt about your possession or use of the firearm, or its connection to the alleged crime.
Sentencing Mitigation: If convicted, your attorney will present mitigating factors to argue for a sentence at the low end of the guideline range, though the mandatory minimum for the gun charge is fixed.

Potential Penalties for a Federal Gun Enhancement

In Union County federal court, a conviction under 18 U.S.C. § 924(c) carries a mandatory minimum sentence of 5 years for the first offense, which must run consecutively to the sentence for the underlying crime.

Offense	Classification	Mandatory Minimum 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	Forfeiture; severe criminal history points
§ 924(c) with Brandishing	Federal Felony	7 years (consecutive)	$250,000	Enhanced penalty
§ 924(c) with Discharge	Federal Felony	10 years (consecutive)	$250,000	Most severe mandatory minimum

Results may vary. Prior results do not guarantee a similar outcome.

Our Experience in Federal Criminal Defense

Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a deep understanding of federal prosecution tactics to the defense table. Our firm-wide experience includes handling federal cases involving firearms, drug conspiracies, and violent crimes. We approach each 924c charge defense with a detailed strategy case-specific to the specific allegations and evidence in your case.

Mr. Sris

Owner & CEO, Managing Attorney
Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York
A former prosecutor and founder of the firm, Mr. Sris provides strategic oversight on federal criminal defense matters. His background provides a strategic advantage in building defenses against serious federal charges like the use of a firearm in a crime of violence.

Case Results & Client Advocacy

While specific results for this charge in Union County are not disclosed, our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We vigorously defend clients facing federal gun enhancements, focusing on constitutional challenges, evidence suppression, and strategic negotiations.

Results may vary. Prior results do not guarantee a similar outcome.

Federal Criminal Defense Lawyer Near Union County, NJ

Our New Jersey location represents clients facing federal charges, including 924c charges and gun enhancements, in Union County and throughout the state. We serve Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield.

Law Offices Of SRIS, P.C.
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 — (888) 437-7747 — meetings by appointment only.

FAQ: Use of a Firearm in Crime of Violence Charges

What is a “crime of violence” under federal law?

It depends. Under 18 U.S.C. § 924(c)(3), a “crime of violence” is a felony that either has as an element the use of force (the “elements clause”) or by its nature involves a substantial risk of physical force (the “residual clause”). Legal challenges often focus on whether the underlying offense, like conspiracy or certain burglaries, truly qualifies.

Can a 924c charge be dropped in a plea deal?

Yes. Prosecutors have discretion to drop a § 924(c) count in exchange for a plea to other charges, often to secure a defendant’s cooperation or to resolve a case efficiently. A skilled 924c charge defense lawyer in Union County can negotiate this, as avoiding the mandatory consecutive sentence is a major defense goal.

What is the difference between a 924c charge and a state gun charge?

Federal 924c charges are prosecuted by U.S. Attorneys in federal court and carry mandatory minimum sentences that must run consecutively. State gun charges in New Jersey are prosecuted by county prosecutors, have different penalties under N.J.S.A. 2C, and sentences may run concurrently. Federal charges often involve interstate commerce or federal investigative agencies.

How can a gun enhancement defense lawyer challenge the evidence?

A defense lawyer can file a motion to suppress the firearm if it was found through an unconstitutional search. They can also challenge witness identifications, forensic evidence linking you to the gun, or the proof that you “used” or “carried” it in relation to the crime. Attacking the chain of custody or the legality of the stop/arrest is common.

What are the long-term consequences of a 924(c) conviction?

Beyond the lengthy prison term, consequences include a permanent federal felony record, loss of voting rights, difficulty finding employment, ineligibility for federal benefits, and potential deportation for non-citizens. It also creates a severe criminal history that triggers enhanced penalties for any future federal conviction.

Related Legal Resources

New Jersey Federal Criminal Defense Lawyer
Federal Criminal Lawyer Bergen County
Union County Criminal Defense Lawyer

Page Last verified: April 2026. Federal statutes and procedures are subject to change. The information provided is for general informational purposes and does not constitute legal advice. Consult with a qualified attorney regarding your specific situation.