Federal Gun Charges Require a Vigorous Defense
The right to bear arms is guaranteed for Americans in The Fifth Amendment of the Constitution. That doesn’t mean, however, that anything goes when it comes to firearms. Many federal weapons charges carry mandatory minimum sentences, making them especially harsh. The assistance of an experienced local criminal defense attorney can assist individuals facing such charges in getting the best possible outcomes.
Penalties
A federal conviction on gun charges can lead to serious time behind bars. Sentences generally range anywhere from five years to life sentences, with an average sentence of 12.5 years. Those federally mandated minimum sentences of 15 years for anyone who has three or more previous violent felonies or drug convictions contribute to the high average. Additionally, the Armed Career Criminal Act carries mandatory minimums if a firearm was used during violent criminal activity or drug trafficking.
An Array of Offenses
Unquestionably, federal gun charges can result in severe consequences. But what constitutes a felony offense? Some that prosecuted most frequently include:
- Possession of Illegal or unregistered firearms: This includes the illegal manufacture or sale of machineguns, silencers, and short-barreled shotguns in addition to having possession of a gun that is not licensed.
- Possession a firearm by a prohibited person: Fugitives, drug users, convicted felons, and certain people with domestic violence convictions are barred from owning or carrying firearms.
- Straw purchasing or making false statements to obtain a firearm: It is illegal to buy a gun for who is prohibited from having one. In fact, any duplicity on official forms or altering of a weapon’s serial number could result in substantial penalties.
- Possession of a gun while committing a violent felony and/or while participating in drug trafficking: Carrying or using a firearm in these situations can dramatically increase penalties for the original offenses.
- Trafficking in firearms: Charges could result from buying, selling, or transporting guns or ammunition across state or international borders without a license.
- Dealing in firearms sales without a license: It is illegal to operate a gun/ammunition business without a license.
Potential Defenses
Defense attorneys have multiple paths when defending these kinds of gun charges:
- Your arrest violated your Constitutional right to bear arms;
- The seizure was unlawful and the entire case should be dropped because law enforcement had no probable cause or warrant to search;
- Your actions were justified because you were defending yourself or someone else;
- Linking the weapon to you is a stretch because it was discovered in a shared space.
Defending Your Rights
If you are facing federal gun charges, your life could be turned upside down in no time. Now, more than ever, you need a resourceful and creative Miami criminal defense attorney fighting to defend your liberty. To discuss, schedule a confidential consultation with the Law Office of Julia Kefalinos today.
Source:
ussc.gov/research/research-reports/mandatory-minimum-penalties-firearms-offenses-federal-system
