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Federal Gun Charges Defense – Federal Criminal Defense Attorneys
The United States Attorney’s Office takes allegations of federal gun charges against individuals seriously, and you need an experienced and respected criminal defense attorney protecting your freedom and your rights. The prosecution monitors and investigates firearms violations throughout the United States. The Bureau of Alcohol, Tobacco, Firearms and Explosives coordinates with federal prosecutors on gun trafficking cases, and the United States District Courts handles these matters through federal criminal proceedings.
An investigation and/or criminal prosecution can threaten an individual’s professional reputation and freedom. During the investigative stage, an experienced criminal defense attorney can assist the individual by responding to an inquiry from the prosecution. This response may be in writing and/or in person during an investigative interview. With experienced defense counsel, an effective response may result in the investigation closing without a formal filing. This is absolutely critical.
The financial and emotional costs of a formal criminal filing can be overwhelming, and can tarnish a career given that the filing and charges of the individual’s violations are publicly available because criminal charges are posted to the court system, published in the media, and accessible through online databases. Even if the allegations are later disproven, the damaging effect may linger.
It is important to retain an experienced criminal defense attorney early. At Spodek Law Group, we understand the complexities of defending an individual’s freedom. Whether your legal problem arises from felon in possession charges, gun trafficking allegations, or 924(c) violations we can assist you in protecting your employment and freedom.
Our office is experienced defending individuals facing criminal prosecution(s) due to the following allegations:
Individuals are required to cooperate with federal investigations when served with a grand jury subpoena and/or when contacted by federal agents according to federal statutes. Any false statement to federal law enforcement can result in additional criminal charges. An ATF agent will follow-up in writing requesting additional information if necessary and/or may request an interview.
The Federal Bureau of Investigation and ATF may become involved in cases involving firearms offenses. Agents from these agencies and/or the United States Attorney’s Office have authority to investigate violations that may constitute criminal offenses under federal law.
At Spodek Law Group we evaluate the best course of action for the individual by examining your circumstances and taking a proactive, understanding approach. As experienced criminal defense counsel, we represent individuals at all phases of the Criminal Proceedings including:
At Spodek Law Group, we also assist individuals with plea negotiations and/or cooperation agreements which have been previously denied. We pride ourselves on taking a comprehensive strategy to defend the individual’s freedom. Over 40 years combined experience – really.
Depending on the individual’s circumstance, the defense strategy may include:
Requesting a meeting with the United States Attorney’s Office to present evidence to either refute the allegation that gun possession occurred or mitigate the degree of charges;
Retaining appropriate experts in the issues at hand;
Retaining a defense investigator to interview any witnesses, issue subpoenas of relevant records, secure ballistic evidence, and/or evaluate the firearms evidence;
Developing a constitutional defense if Fourth Amendment violations are at issue. This may include documentation showing illegal searches and/or lack of probable cause; or if necessary recommend negotiating a plea agreement to address any criminal liability under federal sentencing guidelines;
Creating a mitigation strategy for sentencing. Sometimes in our lives we suffer addiction struggles, mental health issues, financial pressures, or even just go through an extended period of difficulty. In these instances, an individual is not in need of criminal prosecution by the federal government; they need understanding andcontext;
Assisting the individual with gathering the necessary mitigation documents to support a defense package and/or prepare for trial with the prosecution.
| Charge Level | Classification | Maximum Penalty |
|---|---|---|
| 922(g) Felon in Possession | Federal Felony | 10 years prison |
| 924(c) First Offense | Mandatory Minimum | 5 years consecutive |
| ACCA Enhancement | Career Offender | 15 years minimum |
| Gun Trafficking | Federal Felony | 10 years prison |
| Straw Purchasing | Federal Felony | 5 years prison |
Federal gun prosecutions by United States Attorneys have increased significantly nationwide. The federal government has charged thousands of defendants with firearms violations in recent years. Recent cases show the range – defendants have received outcomes from probation to life imprisonment depending on circumstances and representation.
The federal government now pursues even minor violations aggressively. Project Safe Neighborhoods and similar initiatives target gun possession by prohibited persons. The ATF traces every recovered firearm through its National Tracing Center database.
Career offender enhancements dramatically increase sentences. Armed Career Criminal Act provisions turn ten-year maximums into fifteen-year mandatory minimums. Federal judges have limited discretion to depart from these mandatory minimums. The government’s charging decisions determine potential sentencing exposure. Early legal intervention prevents unnecessary prosecution.
Federal gun charges carry varying mandatory minimums depending on the specific statute. Section 922(g) felon in possession has no mandatory minimum for first offense. However, 924(c) using firearms during drug crimes carries five-year mandatory minimum consecutive to underlying offense. Armed Career Criminal Act triggers fifteen-year mandatory minimum if defendant has three prior violent felony or serious drug convictions. Sentencing depends on criminal history, specific charge, and whether mandatory enhancements apply.
Gun cases become federal when they involve interstate commerce, prohibited persons, or federal property. Felon in possession automatically qualifies for federal prosecution. Gun trafficking across state lines triggers federal jurisdiction. Firearms found during federal drug investigations get charged federally. ATF involvement through tracing or undercover operations leads to federal prosecution. Local police often refer cases with career criminals to federal prosecutors for enhanced sentences. Federal prosecution means mandatory minimums and higher sentences than state court.
Federal gun charges can be challenged through suppression motions, trial defenses, or negotiated pleas. Fourth Amendment violations leading to gun discovery may result in suppression. Lack of knowledge or possession defenses work when guns belonged to others. Prior convictions may not qualify as ACCA predicates after Supreme Court decisions narrowing definitions. Cooperation with federal prosecutors sometimes leads to charge reductions or dismissals. Experienced federal defense attorneys identify weaknesses in government’s case and leverage them for better outcomes.
If you or a loved one faces federal gun charges, contact the experienced federal criminal defense attorneys at Spodek Law Group. We have over 40 years of combined experience defending individuals against federal firearms charges. Our attorneys understand the complexities of federal gun laws and available defenses.
For immediate assistance, call us at 212-300-5196. We maintain 24-hour availability for urgent criminal matters. Don’t wait until formal charges are filed – early intervention often produces significantly better outcomes.
Spodek Law Group
Federal Criminal Defense Attorneys
212-300-5196
Available 24/7 for Criminal Matters
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS