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.

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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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