If you or a loved one are facing federal gun charges in Oklahoma or Northern Texas, securing a skilled federal criminal defense attorney is essential for effective defense. At Cannon & Associates, we are Fierce Advocates® for every client and we focus on federal gun defense and are ready to provide the defense you need. Contact us today for a free case strategy session and to get answers to all your questions about federal gun charges and how to defend a federal gun case.
Federal Gun Laws Overview
Federal gun charges carry serious consequences, distinct from state gun charges. Federal offenses are prosecuted by federal authorities and often result in more severe penalties than state charges. Understanding these differences is crucial:
- Federal vs. State Gun Charges: Federal gun laws are separate from state laws. Federal cases generally involve harsher penalties and are handled by federal prosecutors, Assist United States Attorneys, while state gun charges are prosecuted by state prosecutors, Assistant District Attorneys.
- Severity of Penalties: Federal gun crimes usually result in stricter sentences. If you face federal firearm charges, you need immediate legal counsel from a knowledgeable federal criminal defense attorney.
What are the Types of Federal Gun Charges?
Federal gun charges involve illegal possession or use of firearms and are classified as either violent or non-violent offenses:
Convicted felons facing firearm charges, as well as “prohibited persons” under federal law need a skilled federal defense attorney to navigate severe penalties, including potential federal prison following an indictment for firearms.
What are the Consequences of Federal Gun Charges?
Federal gun convictions can have significant long-term effects, including:
- Loss of firearm ownership rights
- Restrictions on public carrying of weapons
- Impact on voting rights under laws like the Armed Career Criminal Act
Charges related to drug trafficking can lead to additional penalties, even if the firearm wasn’t used in the commission of the drug crime. Common charges involve possession related to controlled substance offenses, with mandatory minimum sentences often up to ten years.
What are Common Sentences for Federal Gun Charges?
Federal gun charges carry severe penalties with limited judicial discretion. Typical sentences for federal gun charges range from five years to 10 years to life in prison, depending on the specific allegations in a given federal gun case. Cooperation with authorities or admission of guilt can sometimes result in reduced sentences compared to those who contest and lose their cases.
We have assisted many clients facing federal charged resolve their case with reduced charges and plea agreements that minimize their exposure to hard federal prison sentences. Whenever possible, we seek to obtain a superseding indictment or federal complaint that alleges far less serious federal gun charges that also caps the punishment are client can receive, if we are unable to get their federal gun charged dismissed.
What are the Federal Gun Charges Guidelines?
In federal court, when someone enters a plea petition or is convicted in a federal jury trial, including federal gun charges, the federal sentencing process begins. Sentencing in federal court is governed by the Sentencing Guidelines.
The sentencing guidelines for 18 U.S.C. §924(c), deal with firearms offenses. The sentencing guidelines for firearm charges range from five years in prison to life imprisonment, without parole, or even death if the firearm is used and results in death.
The sentence for federal firearm charges must be served consecutively to any other sentence in most cases. Firearm charges at treated harshly under the Sentencing Guidelines and working with an experienced federal firearm defense attorney is crucial to reducing the risk of receiving a sentence at the highest end of the guidelines.
What must the Prosecution Prove in Federal Gun Cases?
To secure a conviction, the government must prove:
- You committed the underlying offense.
- You possessed, carried, or used a firearm in connection with that offense.
- Your actions were intentional and deliberate.
Unlawful Sale of a Firearm
Selling a firearm without going through a federally licensed dealer is illegal. This often happens at gun shows or similar events. Selling illegal firearms (like machine guns or sawed-off shotguns) or selling to prohibited individuals (minors or felons) also violates federal gun laws.
Penalties for unlawful firearm sales vary but generally start at five years in prison and can extend to ten years. Consulting with an experienced federal criminal defense attorney is crucial to navigate these complex charges effectively.
Penalties and Legal Defense
Conviction of unlawful gun possession does not automatically result in maximum penalties. Factors such as criminal history and case specifics are considered. An experienced federal defense lawyer can help present your case effectively to potentially achieve a favorable outcome.
Potential Penalties Include:
A conviction can lead to a loss of both state and federal gun rights.
Expungement and Reduction of Federal Gun Charges
Expunging or reducing federal gun charges is challenging but possible under certain conditions, such as proving rehabilitation or identifying legal errors. Reductions may be achieved through plea bargains, especially for cases involving mandatory minimum sentences. Demonstrating a lack of violent intent or presenting mitigating factors can also aid in charge reduction.
Errors or discrepancies in law enforcement reports can be contested, and proving compliance with regulations can strengthen your defense.
One of the most important considerations in defending federal gun charges is whether or not the prior “conviction” qualifies as a conviction under the statute, Section 921 or Section 924. In order for the prosecution to obtain a conviction, they must be able to prove you were a prohibited person, i.e. a convicted felon under the federal statute.
Some of the other most common bases for a person to be deemed a “prohibited person” and therefore unable to possess a firearm lawfully under federal firearm mws iCloud’s a perpetrator of domestic violence, someone under a valid Protective Order, a drug user or addict, and someone suffering mental health issues.
It is not sufficient in federal court to prove that someone possessed a firearm and therefore is guilty of a federal firearm offense. The prosecution must prove that person was prohibited under federal law from possessing a firearm. Our experienced federal gun defense attorneys have fought for many clients’ right to bear arms, seeking to demonstrate that our client was not a prohibited person. Do you concede your defense until you are certain the prosecution can prove your guilt, including the fact you are a “prohibited person” as it relates to federal firearm laws.
What Is the Typical Sentence for a Federal Gun Charge in Oklahoma and Northern Texas?
The Department of Justice keeps an incredible amount of data related to federal sentencing, in part, to seek uniformity or fairness in sentencing across the United States. Therefore, typical sentences for federal gun charges in Oklahoma and Northern Texas can be compared to similar sentences across the country. The most common federal gun offense is “Possession of a Firearm by a Prohibited Person.” An offense charged under 18 U.S.C. Section 924, which carries zero to ten years in prison. Recent federal sentencing data shows the average sentence for these offenses range between 46 months and 75 months.
Federal gun charges generally carry more severe penalties compared to state charges, with many federal crimes mandating minimum sentences that leave judges with limited discretion.
You could face federal gun charges if you:
- Carry or possess a firearm while committing another federal felony or drug trafficking crime
- Possess an illegal firearm or explosive device
- Transport firearms or ammunition across state lines with the intent to commit a felony
- Have a firearm while under a court order restricting you from harassing, stalking, or threatening a child or intimate partner
- Possess a firearm after receiving a sentence for domestic violence in state court
What are Average Sentences for Federal Gun Charges?
Common federal gun charges include possession of a firearm by a convicted felon or someone otherwise prohibited from owning one.
The actual length of imprisonment for federal firearm charges is greatly impacted by the facts of each case. In calculating federal sentences, the Court takes a number of factors into consideration as downward adjustments and upward adjustments. These sentencing adjustments do not control the sentence; however, they determine the guideline sentencing range, which the Court considers in determining sentencing.
Common federal firearm sentencing factors include: the number of firearms possessed by the individual, whether the firearm(s) had a defaced serial number, whether the firearm(s) was stolen, the relevant conduct or what crimes occurred along with possessing the firearm, the defendant’s criminal history, and their cooperation with authorities. Generally, defendants who admit guilt and cooperate receive substantially lighter sentences compared to those who contest the charges and are ultimately convicted.
Federal Crime Defense Lawyer
If you are facing federal gun charges, it is critical to seek experienced legal representation. Contact Cannon & Associates NOW for a free confidential case strategy session. We look forward to meeting you and your family, answering your questions, and ensuring you understand the path ahead in facing federal gun charges in Oklahoma and Northern Texas. Our extensive criminal defense experience in representing multiple clients facing firearms charges has given us the tools necessary to defend you with your federal firearm charges.