Federal Gun Charges Explained

In cases involving federal gun charges within Virginia, Northern Virginia, DC, and Maryland, securing the services of an elite, expert  skilled attorney from Ervin Kibria Law is crucial. We offer elite legal representation to navigate and defend your case effectively. Contact us today to discuss your situation.

Federal Gun Legislation

If you're dealing with a federal gun charge, it's crucial to grasp the possible outcomes. Get informed about federal gun charges here.

Facing a federal gun charge is extremely serious and highly undesirable. As a lawful citizen, avoiding federal court is paramount. However, what can you do if you find yourself in that situation? Here are key facts about gun charges under federal law that you should know!

Federal vs. State Gun Charges

A federal gun crime differs from a state gun charge in significant ways. Most individuals are unaware that there exist distinct laws governing gun offenses at the federal and state levels. Federal gun charges are those brought forth by federal prosecutors (United States Attorney's Office and The Department of Justice - DOJ), while state gun charges originate from the laws of the state in which you reside and prosecuted by the localDistrict Attorney’s office.

Federal gun charges typically carry harsher penalties compared to state gun charges. This underscores the necessity of promptly seeking counsel from an expert gun defense attorney with extensive federal firearms experience, if you find yourself facing federal firearms charges.

What Constitutes a Federal Gun Offense?

Federal gun offenses encompass illegal acts related to the possession or utilization of firearms, spanning both violent and non-violent transgressions. Federal gun offenses entail unlawful possession of firearms, possession by a felon, and felonious possession of firearms, all prosecuted under federal criminal statutes. Violent federal gun offense encapsulate offenses where a firearm is used to inflicted threats or violence; used in the commission of another crime. Non-violent federal gun offenses involve illegal firearm sales, unauthorized transfers, and straw purchases.

Individuals facing charges as convicted felons in possession of stolen firearms necessitate competent legal representation from a seasoned, expert federal defense attorney to mitigate the consequences of federal incarceration.

Definitions and Types of Federal Gun Charges

The repercussions for engaging in such offenses can be severe. Conviction for a federal offense often results in imprisonment, a consequence you'd want to avoid on your record. Additionally, under the Armed Career Criminal Act, you might forfeit your rights to firearm ownership, carrying them publicly, and even voting.

Seeking assistance and representation from a specialized, expert federal foreamr attorney, like Nabeel Kibria of Ervin Kibria Law is essential to mount an aggressive defensive in the hopes of avoiding a felony conviction.

If a gun is linked to any drug-related activity, law enforcement will initially charge you with both firearms and drug offenses, regardless of whether the firearm was ultimately used in connection with the drug offense.

The primary federal gun crimes typically involve possession of a firearm in conjunction with controlled substance offenses, such as drug manufacturing or distribution, and carrying firearms during illicit drug transactions. Such violations commonly result in mandatory minimum sentences of up to ten years.

What are the penalties for gun charges in Washington DC?

Typically, federal charges carry harsher penalties compared to state/local charges, often with mandatory minimum sentences, leaving judges with little discretion in sentencing. Federal gun crime convictions can occur if an individual:

• Possesses or carries a firearm during the commission of another federal felony or drug trafficking offense.
• Holds an illegal firearm or explosive device.
• Transports firearms or ammunition across state lines with the intent to commit a felony.
• Possesses a firearm while under a court order restraining them from harassing, stalking, or threatening an intimate partner's child or the partner themselves.

What is the Typical Sentence for a Federal Firearm Offense?

Among the prevalent federal firearm violations are those involving the possession of a gun by a convicted felon or an individual prohibited from such possession. Sentences for these offenses span from 10 years to life imprisonment, though the specific penalty is contingent upon the particular circumstances of the case.

Additionally, the duration of incarceration may be influenced by factors such as the strength of the prosecution's case and the defendant's exact actions leading to arrest and their criminal history - if any. For instance, individuals who cooperate with authorities typically receive shorter sentences compared to those who contest the charges unsuccessfully.

Federal Gun Charges Criteria

In order to secure a conviction for a gun-related offense, most firearm  statutes mandate that the government prove three key elements beyond a reasonable doubt:

• Your involvement in the underlying offense must be established.
• It must be demonstrated that you had possession, carried, or utilized a firearm in conjunction with the commission of said offense.
• Your possession, carrying, or utilization of the firearm must have been deliberate and intentional—knowingly and not the result of mistake.

Illegal Firearm Sales

The illicit sale transaction of firearms involves transferring a firearm from one individual to another without involving a federally licensed firearms dealer. A common scenario where this occurs is during transactions at gun shows. This, the great debate over the national “gun show loophole.”

Some firearms, like machine guns and sawed-off shotguns, are banned from sale. Moreover, selling guns to individuals prohibited by law from possessing them, such as minors or convicted felons, is also illegal.

Penalties for engaging in unlawful firearm sales vary depending on factors like the type of weapon sold, the nature and background of the seller and the buyer/possessor. Typically, the minimum punishment is a five-year prison sentence, with the possibility of 10-year maximum sentence.

If you're confronted with federal gun charges, it's crucial to seek guidance from a seasoned, elite, expert criminal defense attorney with extensive federal firearms practice. They are available to represent you in order to navigate through the complex legal process and fight aggressively to mitigate the damages and safeguard your rights.

Federal Gun Charges Penalties

Courts consider several elements, such as your criminal history and the nature of the offense, when arriving at a sentence if one is convicted of a federal firearms charge. 

Retaining an elite federal defense lawyer specializing in firearm cases can greatly improve your prospects in court.

The repercussions of being charged with a firearm-related offense can vary based on the nature of the charge and additional circumstances. A conviction for a federal firearms offense entails the loss of both state and federal gun rights.

As part of your sentencing, you might be required to:

• Pay fines
• Serve time in prison or jail
• Fulfill supervised probation terms
• Provide restitution

Can a Federal Gun Charge be Lessened or Expunged in Specific Scenarios?

Federal gun charges, which often involve illegal firearms and violent acts, are serious violations of U.S. law. Addressing these charges requires navigating complex legal territory. Whether a charge can be expunged or reduced depends largely on the details of the case, whether the case results in a conviction or dismissal, and whether the charge is a misdemeanor or felony.

However, when it comes to reducing charges or sentences, it might be possible through plea bargains, where defendants admit to lesser offenses in exchange for lighter penalties. This is particularly relevant for cases with federal mandatory minimum sentences. Additionally, presenting evidence of non-violent intent, lack of prior convictions, or non-habitual drug use could aid in reducing charges.

The involvement of law enforcement and the Federal Bureau of Investigation is critical when it comes to charges and penalties. Inaccuracies in their reports or false statements can be used to challenge the charge. Similarly, if the accused doesn't fall under the prohibited category outlined in section 924 c, such as a convicted domestic violence offender or someone illegally selling destructive devices, this could support a reduction.

Involving a licensed dealer and ensuring compliance with regulations, even within school zones, can also be crucial in building a defense. Though the process is challenging, with expert legal representation, individuals can pursue a more favorable outcome.

Federal Crime Attorney

In essence, it's crucial to understand that if you're facing a federal gun charge, seeking expert legal representation is imperative. You require a lawyer who is an expert in federal law with extensive experience to represent you as you work way through a highly complex legal landscape.

Reach out to us now for a free consultation. With our extensive, expert experience in handling federal and local firearms cases, we are equipped to represent you effectively!