The 924(c) Federal Gun Charge is Charged Frequently in the Detroit Federal Court
Federal Firearm 924(c) Crimes in Michigan
“I’ll give you my gun when you pry it from my cold, dead hands”
What is 924(c)?
The term dreaded by many federal defendants, 924(c) is a particular type of federal firearm charge that punishes for the use or possession of a firearm during other named crimes. Stemming from 18 USC §924 subsection (c), this federal gun law punishes individuals who possess or use a gun during either a crime of violence or a drug trafficking crime.
Penalties for a 924(c) Crime
If a firearm was possessed in furtherance of a drug trafficking or violent crime, the punishment is an additional five years in prison, consecutive to any other sentence. If this gun was brandished, meaning displayed or pointed, the punishment becomes seven years. If the firearm is discharged, the mandatory sentence is ten year. In the event that somebody has a prior conviction for 924(c), the punisment is a mandatory 25 years in federal prison. It is very important to point out that these sentences are consecutive to the underllying convictions, meaning that if you were convicted of RICO and received 15 years and you brandished a firearm, your sentence would increase to 22 years in federal prison.
What is a Crime of Violence?
This is a hotly contested area of law as the United States Supreme Court has recently ruled that certain parts of the federal definition of a crime of violence, namely the residual clause, is unconstitutional. What this means is that if the Government is arguing that your kidnapping charge is a crime of violence, but a kidnapping could occur without actually using violence, then they cannot charge you with a 924(c) charge. It is vital that your federal criminal defense attorney understands these issues, as we have taken over cases and won these issues when other lawyers didn’t even understand the argument.
Drug Trafficking Crimes
If you watch crime shows, guns and drug dealing are synonymous. The United States Attorney for the Eastern District of Michigan appears to feel this way, as they generally will charge a 924(c) violation any time a gun is confiscated in a search warrant search where the underlying federal criminal charge is a narcotic conspiracy. However, rather than simply believing that a gun in always a part of a drug conspiracy, we fight hard to show that the gun has to have some actual involvement, such as somebody using it to guard their drug stash. Federal 924(c) cases can be won with this argument.
Fighting 924(c) Cases
924(c) cases are great to fight because if you are a lawyer with an extensive knowledge in the changing of the federal precedent involving 924(c), then you know that there are a number of serious arguments that you can make to get your client’s 924(c) case thrown out. We recently even had a US Attorney concede we were correct in a 924(c) argument and they threw out the charge. We are experienced 924(c) lawyers who will fight for you. Contact us today to discuss your case.