Use of a Firearm in Crime of Violence Lawyer Virginia Beach — 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 Virginia Beach 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 complex federal cases.
Federal Statute for Firearm Use 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. The law imposes severe, consecutive mandatory minimum prison sentences. A conviction for a first offense under this statute typically carries a mandatory minimum of 5 years in federal prison. If the firearm is brandished, the minimum rises to 7 years; if it is discharged, the minimum is 10 years. Subsequent convictions under § 924(c) trigger a mandatory minimum of 25 years imprisonment. These sentences must run consecutively to any sentence imposed for the underlying crime of violence or drug trafficking offense, dramatically increasing total prison exposure.
Last verified: March 2026 | Eastern District of Virginia, Norfolk Division | Virginia General Assembly
Official Legal Resources
For the official text of the federal statute, visit the U.S. Code for 18 U.S.C. § 924. For local federal court procedures and rules, refer to the Eastern District of Virginia court website.
Defense Strategy for a 924c Charge in Virginia Beach
Defending against a § 924(c) charge in the Eastern District of Virginia requires attacking both the firearm element and the underlying “crime of violence.” Prosecutors must prove the firearm was used or carried “during and in relation to” the predicate crime. A common defense is to challenge whether the government can meet its burden of proof for the underlying violent crime, as defined by the complex “elements clause” or “enumerated offenses clause.” Successfully getting the predicate crime dismissed or severed can defeat the 924c charge. Early motion practice to suppress evidence or challenge the indictment is critical.
- Secure immediate legal representation following arrest or indictment.
- Conduct a thorough review of all discovery, focusing on the nexus between the firearm and the alleged crime.
- File pre-trial motions to challenge the legal sufficiency of the “crime of violence” designation or to suppress evidence.
- Explore potential plea negotiations that may involve dismissing the § 924(c) count in exchange for a plea to the underlying offense.
- Prepare for trial, emphasizing the lack of proof that the firearm was actively employed in relation to the crime.
Potential Penalties for a Federal Gun Charge
In Virginia Beach federal court, a conviction for use of a firearm in a crime of violence under 18 U.S.C. § 924(c) mandates severe, consecutive prison terms on top of penalties for the underlying crime.
| Offense | Classification | Mandatory Minimum Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| First § 924(c) Conviction | Federal Felony | 5 years (consecutive) | Up to $250,000 | Forfeiture of firearm; felony record |
| Brandishing Firearm | Federal Felony | 7 years (consecutive) | Up to $250,000 | Enhanced sentencing guidelines |
| Discharging Firearm | Federal Felony | 10 years (consecutive) | Up to $250,000 | Potential career offender status |
| Subsequent § 924(c) Conviction | Federal Felony | 25 years (consecutive) | Up to $250,000 | Life-altering prison term |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Federal Gun Crime Defense
Law Offices Of SRIS, P.C., founded in 1997, brings a combined 120+ years of legal experience to complex federal defenses. Our firm-wide record includes over 4,739 case results with a 93%+ favorable outcome rate. Mr. Sris, the firm’s founder and a former prosecutor, personally leads on intricate federal matters, including those involving gun enhancements. His background provides strategic insight into prosecution tactics. We understand that a charge for use of a firearm in a crime of violence demands an immediate and powerful response.
Case Results in Federal Defense
Our firm has a documented history of achieving favorable results in challenging federal cases. While every case is unique, our approach is built on exhaustive investigation and aggressive advocacy. For instance, we have secured dismissals in cases where the link between the firearm and the alleged violent crime was weak. In other matters, skilled negotiation has led to the reduction or dismissal of the 924c charge itself. Matthew Greene, a secondary attorney on our team with over 30 years of experience and former death penalty certification, contributes significant trial experience to these defenses.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804) 609-0069
By appointment only.
Our Richmond location serves clients facing federal charges in Virginia Beach. We are accessible via I-64 and other major highways. As a federal criminal defense lawyer near Virginia Beach and the Norfolk federal courthouse, we provide 24/7 phone consultations at (888) 437-7747 — meetings are by appointment only. We serve Virginia Beach, Sandbridge, Oceana, and surrounding communities.
FAQs: Use of a Firearm in Crime of Violence Charges
What is a “924c charge” in Virginia Beach?
Yes. It refers to a federal charge under 18 U.S.C. § 924(c) for using or carrying a firearm during a crime of violence or drug trafficking. It carries mandatory prison time that must be served consecutively to any other sentence.
What does a gun enhancement defense lawyer in Virginia Beach do?
A gun enhancement defense lawyer challenges the prosecution’s evidence that a firearm was used “during and in relation to” a crime. They attack the definition of the underlying “crime of violence,” file motions to suppress evidence, and negotiate to have the enhancement dropped, which drastically reduces potential prison time.
Can a 924c charge be dropped?
It depends. If the underlying crime of violence is dismissed or if the government cannot prove the necessary connection to the firearm, the charge may be dropped. A strong defense often focuses on defeating the predicate crime or the nexus element.
What is the minimum sentence for a federal gun charge in Virginia?
For a first-time conviction under § 924(c), the mandatory minimum is 5 years in federal prison, served consecutively. If the gun was brandished (7 years) or discharged (10 years), the minimum increases. There is no parole in the federal system.
Why do I need a lawyer for a use of a firearm in crime of violence charge?
These charges involve complex federal law and severe penalties. A lawyer with federal experience understands the rules of the Eastern District of Virginia, can challenge the legal definition of “crime of violence,” and can negotiate with federal prosecutors to potentially reduce your exposure.
For more information on related defenses, see our page on Virginia criminal defense. Clients in nearby areas may also consult our federal criminal lawyer in Alexandria page. For other legal needs in Virginia Beach, consider our Virginia Beach DUI lawyer services.
Last verified: March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.