Use of a Firearm in Crime of Violence lawyer Baltimore, MD
A charge under 18 U.S.C. § 924(c) — using or carrying a firearm during and in relation to a crime of violence — is one of the most serious federal offenses prosecuted in the District of Maryland. These cases carry severe mandatory prison terms that run consecutively to any sentence imposed for the underlying violent crime. The U.S. Attorney’s Office for the District of Maryland regularly indicts firearm-in-crime-of-violence counts alongside robbery, carjacking, assault, and drug‑trafficking offenses, and the Baltimore Division of the U.S. District Court handles a substantial volume of these prosecutions.
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When you are facing a § 924(c) charge, the stakes are immediate. Federal law provides no parole, and a conviction triggers mandatory minimum penalties that cannot be reduced by judicial discretion in most circumstances. Mr. Sris and the firm’s Of Counsel attorneys bring extensive experience to federal firearm defense in Maryland. Mr. Sris, a former prosecutor, understands how the government builds these cases, and the firm’s attorneys appear regularly in the Baltimore courthouse. To request a consultation about your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What Use of a Firearm in Crime of Violence Means in Baltimore
A federal charge for using a firearm during a crime of violence is not a stand‑alone offense; it is an additional count that the U.S. Attorney’s Office adds to an indictment when the government believes a firearm was involved in a predicate violent felony. The predicate offense — such as Hobbs Act robbery, carjacking, or assault on a federal officer — must qualify as a “crime of violence” under the categorical approach that federal courts use. The firearm count itself is defined by 18 U.S.C. § 924(c)(1)(A), which prohibits using, carrying, brandishing, or discharging a firearm during and in relation to any crime of violence or drug‑trafficking crime.
In Baltimore, the U.S. District Court for the District of Maryland (Baltimore Division) is the venue for these prosecutions. Federal agencies such as the FBI, ATF, and DEA conduct the investigations, and the U.S. Attorney’s Office brings charges after presentment to a federal grand jury. A § 924(c) conviction carries the potential for life‑altering consequences: the mandatory minimum prison term — which applies on top of the sentence for the underlying crime — depends on whether the firearm was brandished or discharged, but any level of involvement triggers additional years of incarceration. Because there is no parole in the federal system, a defendant must serve at least the mandatory minimum before becoming eligible for any reduction in sentence.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Federal Firearm Cases
Defending a § 924(c) charge requires a strategy that attacks both the predicate violent offense and the firearm component itself. The firm’s attorneys begin by examining every aspect of the government’s investigation — from the initial stop or arrest through the grand jury presentation. For a firearm count to stand, the government must prove beyond a reasonable doubt that the defendant (1) used or carried a firearm and (2) did so during and in relation to a crime of violence. Challenges often focus on whether the predicate offense truly qualifies as a “crime of violence” under current case law, whether the firearm was actually used or merely present, and whether constitutional or procedural violations exist that could lead to suppression of evidence.
Mr. Sris and the firm’s Of Counsel attorneys explore every available pathway: filing pretrial motions that test the sufficiency of the indictment, negotiating with federal prosecutors to seek dismissal of the firearm count, and, when appropriate, advocating for a plea to a lesser charge that avoids the mandatory consecutive sentence. If the case proceeds to trial, the firm’s experience in federal court — including substantive knowledge of the local rules and practices in the Baltimore Division — is brought to bear at every stage. Throughout the process, the goal is to protect the client’s rights and work toward the most favorable resolution available under the circumstances.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 and has concentrated his practice on criminal defense in federal and state courts. His background as a former prosecutor gives him insight into how the government constructs a case, a perspective that informs every stage of defense strategy. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
The firm’s Of Counsel attorneys include a former Maryland Assistant State’s Attorney who, before joining the firm, prosecuted criminal cases in Maryland District and Circuit Courts. That firsthand courtroom experience on the other side of the aisle strengthens the firm’s ability to anticipate prosecutorial moves and construct a thorough defense. When you contact the firm, you engage a team that combines the experience of a former prosecutor with the advocacy of dedicated defense counsel.
Frequently Asked Questions
What qualifies as a “crime of violence” under federal law?
A “crime of violence” under 18 U.S.C. § 924(c)(3) is defined by either an element‑of‑force clause (the offense has as an element the use, attempted use, or threatened use of physical force against the person or property of another) or a residual clause that is no longer enforced after the Supreme Court’s decision in United States v. Davis. In practice, federal prosecutors must show that the underlying felony meets the force‑clause definition. Offenses such as Hobbs Act robbery, carjacking, and certain aggravated assaults typically qualify, but the analysis is complex and fact‑specific.
What penalties accompany a conviction for using a firearm during a crime of violence?
A conviction under § 924(c) carries a mandatory minimum prison sentence that must be served consecutively to any other sentence imposed. The length of the mandatory term depends on whether the firearm was brandished or discharged, but even a baseline conviction results in years of additional incarceration. There is no parole in the federal system, and judicial discretion to sentence below the statutory minimum is extremely limited — generally available only upon a government motion for substantial assistance.
How does the government prove that a firearm was used “during and in relation to” a violent crime?
The government must show that the defendant actively employed the firearm in a manner that facilitated the commission of the underlying violent offense. Mere possession or presence of a firearm is insufficient; the firearm’s availability must have played an integral role in the predicate crime. Challenges to this element often involve scrutinizing witness statements, forensic evidence, and the exact timeline of events to determine whether the firearm was truly used to advance the violent act.
Do I need a federal criminal defense lawyer for a § 924(c) charge in Baltimore?
Yes. Federal firearm charges are prosecuted actively by the U.S. Attorney’s Office and carry mandatory penalties that can add years to a sentence. Federal procedure differs significantly from state court, and the consequences of a conviction — including the requirement that the mandatory minimum run consecutive to all other sentences — make it essential to have counsel who understands the federal court system in Maryland.
Can a firearm charge be dropped if the underlying crime is dismissed?
The firearm count is dependent on the predicate offense; if the government cannot prove the underlying crime of violence, the § 924(c) charge cannot stand. For this reason, attacking the sufficiency of the predicate charge is a core defense strategy. A dismissal or acquittal on the violent‑crime count typically results in the firearm count being dismissed as well.
What happens at an arraignment on a federal firearm charge in Baltimore?
At the initial appearance before a U.S. Magistrate Judge in the Baltimore Division of the U.S. District Court, the defendant is informed of the charges and enters a plea of not guilty. The court also addresses pretrial release or detention. Given the serious nature of firearm‑in‑crime‑of‑violence charges, the government frequently seeks detention pending trial. Having counsel present at this stage is critical for shaping the early direction of the case.
For a consultation about your specific matter, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Additional Federal Criminal Defense Resources in Maryland
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Federal Criminal Lawyer in Baltimore County
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