Firearm Convictions Criminal Defense Appeals

Federal Firearm Criminal Defense Lawyers

A federal firearms conviction could lead to a sentence of 5 to 10 years along with a fine. But if the conviction of the gun offence is connected to a violent crime or drug trafficking offence, the jail term could increase significantly as per section § 924(c). Investigation for firearm offense normally begins with the ATF investigation unit. For example, while the violent crime or drug trafficking is taking place, the possession of a firearm could add 5 years of imprisonment to your term, it increases by 7 years when a firearm is brandished and when the firearm is discharged there are an additional 10 years to your term. Remember that these enhanced sentences are added to the already imposed prison term for drug trafficking or violent crimes.

Federal Criminal Appeals Attorneys’ awareness of the Armed Career Criminal Act (ACCA) 18 U.S.C. § 924(e)

An individual who has a previous conviction record for one or more crimes and is being charged for a new crime is known as a “career criminal”. The Armed Career Criminal Act (ACCA) was established in 1984 by Congress with the aim of enforcing stricter penalties on regular firearms offenders. According to the Armed Career Criminal Act (ACCA), offenders having 3 previous federal or state convictions for drug or violent offences and are convicted again should have a minimum of 15 years of imprisonment as the punishment. It is critical and can affect your sentence significantly if the ACCA is aware of the time when the previous conviction is lawfully categorized as serious or violent.

Sentencing Federal Firearms Conviction: Previous Firearms Offenses

Penalties can also be enhanced if this is not your first firearm conviction. If an individual has been convicted for firearms offence previously, the minimum jail term is 25 years. In cases where the person has indulged in violation involving the use of machine guns or destructive devices previously or was equipped with a muffler or a firearm, the punishment granted is life in prison.

Appealing a Federal Firearms Conviction: Abetting, Aiding, and Conspiracy

In usual terms, any individual who counsels, abets, aids, or commands the commission of a federal weapons offence by another individual must be subjected to as severe a punishment as that of the actual offender. In other words, to qualify for gun charges a defendant should only be associated with the crime. In the purview of the federal weapons convictions, assistance could have been shown either to predicate offence or promote firearm use, but it must be proven that the accused has the motive of indulging in the ultimate aim of the federal weapons violation. If you are subject to a Department of Justice investigation, contact Brownstone Law today. So, the plaintiff must prove that the defendant was already aware that the offence would take place even before the person commits the weapons offence.

Appealable Issues under Federal Firearms Convictions

The arguments that are raised at the trial are very different from the types of arguments that the appellate courts can take into consideration. For example, at a trial, facts and evidences cannot be produced at the appellate level. The appellant can instead raise the procedural and legal issues.

Trials could give rise to several legal errors and the federal weapons offences attorneys at our firm have the knowledge and experience to point out the obvious errors and form winning arguments for your federal gun conviction appeal. Common issues or errors that could arise from the trial courts include multiplicity, insufficient evidence to prove certain crucial elements of the federal weapons offence, ineffective assistance of the counsel, and so on.

An illegal search and seizure taking place could also be a solid error contributing to your case. The court is not immune to errors. These errors could deprive the accused of his/her constitutional right to due process and could take place before or during the trial or even during sentencing. If these legal errors are overlooked, they could have a significant impact on your firearm offence case.

Federal Criminal Appeals: Appealing a Federal Weapons Conviction

Even though the punishments for a federal weapons conviction is severe, you have the constitutional right to appeal. The case does not end with your sentencing and you could also go for a post-conviction appeal. Talk to our experienced federal weapons offences lawyers today at 1-888-233-8895.

The consequences of a federal weapons conviction could be grave including substantial fines, a lengthy prison sentence along with the unnecessary loss of time from the trial. The federal weapons offences lawyers at the Brownstone Law firm understand that it is one of the worst moments of your life and are devoted and determined to craft, identifying and representing appealable issues in the most assertive and persuasive manner possible to the country’s circuit courts or if required to the Supreme Court of the United States. In order to increase your chances at winning the firearms conviction appeal, call now at 1-888-233-8895 or fill in the contact form for a free consultation with our attorneys at Brownstone.

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Mail Wire Fraud Criminal Defense Lawyers

Wire Fraud Federal Appeals

Mail and Wire frauds fall under 18 U.S.C § 1341 and § 1343 of federal criminal offences in the United States. “Wire Fraud” is a vast term which refers to the misuse of any electronic communication between two or more states in an attempt to defraud the property of another. In other words, it is any form of financial fraud with the use of information technology or telecommunications. It could be a telemarketing fraud (use of telephone), radio or television signals, or phishing (use of email).

Some examples of wire fraud could include intentionally using telemarketing to sell a misrepresented product, gaining personal information through false pretenses with the motive of stealing money. It also includes several other federal crimes like racketeering, kickbacks, money laundering, and bribery.

What Is Mail and Wire Fraud?

Even though this list isn’t all inclusive, some other categories of fraud include health care fraud, securities fraud, and bank fraud. Federal mail fraud involves any mail sent either via public interstate postal services like USPS or private interstate postal service like FedEx, UPS, etc. The fraud qualifies as “Interstate” if the wire or mail has arrived from a different state than the state received.

To convict or accuse an individual of wire fraud, actual transactions need not be completed. The only requirements to prove the crime are evidence that you:

Had an intention to defraud;
Undertook a plan to defraud; and
Attempted fraud using electronic communications.

Federal Criminal Appeals Lawyers Defending Convictions under Wire and Mail Fraud

If under U.S.C. § 1341 or § 1343, you are accused or convicted of mail or wire fraud then it is important for you to discuss your options of appeal with an experienced criminal lawyer as soon as possible. The fines or punishments for the offence of mail or wire fraud could be extremely severe or even improperly imposed. Your appeal can be handled efficiently at every step by the knowledgeable and experienced federal criminal lawyers at our firm. Return to our main federal crime appeals page.

U.S. Sentencing Guidelines under 2B1.1

Mail and Wire fraud offences can be severely punishable and can have penalties like probation, heavy fines and jail time. In usual cases, a convict can face upto 20 years of jail sentence along with fines of hundreds of thousands of dollars. This sentence can also increase based on other factors like the criminal history of the defendant and the severity of the wire or mail fraud offence. Under 2B1.1(b)(1), if the financial loss crosses $5000, the loss increment increases as the offence level increases. Similarly, if the number of victims involved increases, the level of offence rises as well. It is ordinary for any judge to increase the penalties imposed on the convicts.

Our federal criminal lawyers have vast knowledge on the sentencing guidelines and can point out and rectify if the sentence was inappropriately imposed. You might be able to appeal if you feel that the sentencing by the judge is unjust in proportion to the offence under mail and wire fraud.

Causes of Penalty Enhancements:

§ 2B1.1(b)(1): Amount of Financial Loss

Section 2B1.1(b)(1) of the Federal Guidelines Manual lists down the proportionate offence levels for the financial losses in wire or mail fraud offences. The offence level rises by 2 if the loss exceeds $5000; the offence level rises by 4 if the loss crosses $10,000; the offence level rises by 6 if the loss exceeds $30,000 and so on. The increments continue to increase until it reaches $400,000 which would require the offence level to rise by 30.

§ 2B1.1(b)(2): Number of Victims

The number of victims affected by the offence is also a significant factor that could lead to an enhanced penalty. If the mail or wire fraud crime has 10 or more victims the rise in the offence level begins. There is an increase of 2 levels in the sentence imposed if the victims involved are 10 or more than 10. An offence involving more than 50 victims increases the sentence of the offence by 4 levels and an offence including more than 250 victims has the sentence increased by 6 levels.

Financial Institution Defraud

When the accused is convicted of defrauding a financial institution using wire or mail communication, he/she can be sentenced to upto 30 years in prison and a fine of $1,000,000. A financial institution can be defined as any establishment that performs financial transactions like deposits, loans and investments. The offence level automatically increases by 4 levels if you defrauded any financial institution.

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Drug Conviction Trafficking Criminal Attorneys

Federal Drug Conspiracy Appeals

Our years of experience make us the choice for conspiracy appeals for the conspiracy conviction. Our conspiracy appeal lawyers have been involved in hundreds of cases some of which have been highly publicized. Our legal team is devoted to thorough legal research so as to give the best advice to our clients and preparation of the writs and briefs. Our success in the practice of law can be credited to Brownstone law lawyers’ skills in oral arguments at the supreme, federal and state courts.

A conspiracy is an agreement between two or more partners to accomplish an illegal act. In order for the government to charge a conspiracy, the defendants must act together to effectuate an illegal purpose. Click here to return to our criminal appeal lawyers page and read more about our other areas of criminal appeals.

Our criminal appeal attorneys handle cases in all eleven circuits. We focus on felony appeals, drug appeals, drug trafficking, drug possession, drug manufacturing, conspiracy, and all other felony crimes throughout the United States.

Experienced Conspiracy Appeals Lawyers

We represent individuals charged with crimes and protect clients through the appeals process. If you have been convicted and sentenced or are awaiting sentencing, we will provide you or your family with a consultation with an experienced appeals attorney.

As an experienced criminal defense appeals attorney, we work aggressively and strategically on behalf of our clients.

Drug Conspiracy Appeals

Federal law makes it illegal to create, manufacture, or distribute illegal narcotics such as marijuana, crack, cocaine, and other illegal substances. A conviction under federal drug laws can carry a sentence of up to 40 years or more. In some cases, the federal government may seek a sentence enhancement based on drug quantity, leadership roles or the use of a firearm.

Our law firm defends federal drug trafficking and federal drug conspiracy charges.

The “Drug Appeal Lawyers”

Our firm offers help to clients all over the United States in criminal and non-criminal matters. Our marijuana lawyers keep up with the latest changes in drug trafficking law. If you need help with a trafficking appeal, fighting drug conspiracy charges, or in drug distribution appeals, our marijuana lawyersshould be your next phone call.

The Law Office of Robert Sirianni has attorneys that have experience in dealing with drug appeals and cases. Virtually all aspects of the modern legal system are in constant flux, but few areas of law are changing as quickly as drug law. Our attorneys spend hours meticulously researching local, state, and national drug laws. Connect with our federal criminal appeals lawyers today!

Criminal Drug Appeal Lawyers

Our lawyers have taken court cases all the way to the U.S. Supreme Court level – not a feat that most law firms can boast about. The fact is, your drug conspiracy charges, drug appeals, or trafficking appeal is just too important to lose. Why trust anyone but the Law Office of Robert Sirianni to represent you in court?

Contact our Drug Appeal Lawyers at 1-888-233-8895. We will cover any and all questions you have about your case during your free consultation.

Charges of drug conspiracy are growing by the day and as a result, innocent people are being arrested or convicted in greater numbers as compared to any other drug-related charge. This critical situation thus, calls for the services of an experienced federal drug lawyer who can help protect your interests. To this extent, The Federal Criminal Law Group has been a long-standing name in the field of successfully defending civilians against drug conspiracy and other criminal charges.

What Do Drug Conspiracy Charges Imply?

To start with the basics, a drug conspiracy crime involves two or more people who mutually agree and decide to commit a drug-related crime together. While one would think that conspiracy is a crime for which conviction/arrest is less likely, that is not necessarily true because unlike other drug-related crimes, hard evidence such as possession of drugs is not required to charge someone with a drug-conspiracy charge. Thus, you could be suspected of a conspiracy simply based on a connection between you and a drug crime incident. It also means that you can be facing drug-conspiracy charges without ever having laid your hands upon actual drugs (buying, selling or using). For example, consider a situation where you happen to be hanging out with a group of people when drugs are discovered in their possession or when you were driving a borrowed car that happens to have drugs hidden under the backseat. In both these situations, you could be lawfully arrested/convicted for a drug conspiracy charge.

What Goes into Appealing a Federal Drug Conviction

Since a drug conspiracy charge in itself is quite vague, it can be difficult for a layman to gauge its consequences especially because federal drug offenses tend to have many distinguishing factors. These factors include but are not limited to – the category or “schedule” of the controlled substance in question, quantity of the controlled substance and extent to which defendant’s involvement is known. Based on such factors, the intensity of a defendant’s sentencing will be determined when he/she is charged with a federal drug conviction. Due to such complexities, it is most beneficial to have a federal drug appeals attorney by your side to help you stay on track and achieve justice.

Article source – https://sites.google.com/site/drugcriminalattorneys/