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Felon in Possession of Firearm Sentence – Federal Criminal Defense Attorneys
The Department of Justice Criminal Division takes allegations of felon in possession of firearm under 18 U.S.C. § 922(g)(1) against individuals seriously, and you need an experienced and respected federal 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 U.S. Attorney’s Offices on felon in possession cases, and the United States Federal Court System handles these matters through district courts nationwide.
An investigation and/or criminal prosecution can threaten an individual’s professional reputation and freedom. During the investigative stage, an experienced federal 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 federal criminal defense attorney early. At Spodek Law Group, we understand the complexities of defending an individual’s freedom. Whether your legal problem arises from a federal investigation, an indictment for 922(g) violations, or sentencing after conviction 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 agents can result in additional criminal charges under 18 USC 1001. An agent will follow-up in writing requesting additional information if necessary and/or may request an interview.
The ATF and FBI may become involved in cases involving firearms offenses. Agents from these agencies and/or the U.S. 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 federal criminal defense counsel, we represent individuals at all phases of the Criminal Proceedings including:
At Spodek Law Group, we also assist individuals with sentencing mitigation 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 U.S. Attorney’s Office to present evidence to either refute the allegation that possession occurred or mitigate the degree of charges;
Retaining appropriate experts in firearms issues at hand;
Retaining a defense investigator to interview any witnesses, issue subpoenas of relevant records, secure ballistics data, and/or evaluate the evidence;
Developing a constitutional defense if Fourth Amendment violations are at issue. This may include documentation showing illegal search and seizure and/or lack of constructive possession; 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 personal hardships, addiction struggles, financial pressures, or even just go through an extended period of difficulty. In these instances, an individual is not in need of harsh criminal prosecution by the 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 Type | Statutory Range | Typical Sentence |
|---|---|---|
| 922(g)(1) Without ACCA | 0-10 years | 2-5 years |
| 922(g)(1) With ACCA | 15 years-Life | 15-20 years |
| Career Offender | 0-10 years | 7-10 years |
| First Offender | 0-10 years | 18-30 months |
| Supervised Release | 3 years mandatory | 3 years |
Felon in possession prosecutions by federal prosecutors have increased significantly nationwide. The government has charged thousands of defendants with 922(g)(1) violations in recent years. Recent cases show the range – defendants have received outcomes from probation to life sentences depending on circumstances and representation.
The government now pursues even questionable possession cases aggressively. Constructive possession theories expand the reach of 922(g) charges beyond actual physical possession. The Department of Justice prioritizes firearms prosecutions as part of violent crime reduction initiatives.
Armed Career Criminal Act enhancements transform sentencing exposure dramatically. Post-Johnson challenges to prior convictions succeed regularly when state statutes are overbroad. Early legal intervention prevents unnecessary ACCA enhancements.
Federal sentences for felon in possession of firearm under 18 USC 922(g)(1) range from probation to life imprisonment depending on criminal history and enhancements. Without Armed Career Criminal Act enhancement, statutory maximum is ten years with no mandatory minimum. First-time offenders typically receive 18-30 months. Defendants with criminal histories receive 2-5 years. Career offenders face 7-10 years. With ACCA enhancement for three qualifying prior convictions, mandatory minimum becomes fifteen years with maximum of life imprisonment.
Section 922(g) penalties depend on which subsection applies and defendant’s criminal history. Standard 922(g)(1) felon in possession carries maximum ten years federal prison. Sentencing guidelines calculate recommended ranges based on offense level 14 plus adjustments. Criminal history categories determine guideline ranges from 15-21 months for Category I to 30-37 months for Category VI. Enhancements apply for stolen firearms, multiple weapons, or use during other crimes. Three-year mandatory supervised release follows imprisonment.
Recent developments in 922(g) law include constitutional challenges under Second Amendment after Bruen decision and categorical approach changes after Johnson v. United States. Some district courts have ruled 922(g)(1) unconstitutional as applied to certain non-violent felons. Johnson eliminated residual clause for ACCA violent felony definition, excluding many prior convictions previously counted. Rehaif v. United States requires prosecutors prove defendant knew prohibited status when possessing firearm. These changes create new defense opportunities and sentencing challenges previously unavailable.
If you or a loved one faces federal felon in possession charges under 922(g)(1), 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 ACCA enhancements 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 sentencing approaches – 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