Use of a Firearm in Crime of Violence lawyer Howard County, MD
A charge of using a firearm in a crime of violence under 18 U.S.C. § 924(c) turns a serious federal case into one with the potential for decades of imprisonment. When a Howard County resident is accused of a federal firearms offense, the matter is prosecuted by the U.S. Attorney’s Office for the District of Maryland and heard in the U.S. District Court in Baltimore or Greenbelt. Federal firearm charges carry mandatory minimum sentences that run consecutively with any sentence imposed for the underlying offense. There is no parole in the federal system, and the early involvement of an experienced defense lawyer can materially affect the direction of the case. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. handle federal criminal defense matters throughout Maryland, including use-of-a-firearm charges in Howard County. To request a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How Federal Firearm Charges Are Handled in Howard County
When federal authorities investigate a use-of-a-firearm allegation in Howard County, multiple agencies may be involved—the FBI, ATF, DEA, or other task-force partners. The investigation typically proceeds through a grand jury, and an indictment is returned in the U.S. District Court for the District of Maryland. Because Federal Rule of Criminal Procedure 5(c) governs initial appearances, a person arrested in Howard County is usually brought before a federal magistrate judge in Baltimore or Greenbelt. From that first appearance, deadlines under the Speedy Trial Act begin to run, and the government will present discovery that may include forensic firearm analysis, digital evidence, and witness statements. Law Offices Of SRIS, P.C. Appears at every stage, from detention hearings through pretrial motions and, if necessary, trial. The firm evaluates whether law enforcement adhered to constitutional standards during searches and interrogations, challenges the reliability of identification procedures, and works to secure the most favorable resolution possible under the Federal Sentencing Guidelines.
Defending a § 924(c) charge requires a detailed understanding of how the federal system treats the “use,” “carry,” or “possession” of a firearm “during and in relation to” a crime of violence. The government must prove each element beyond a reasonable doubt. The firm examines whether the alleged predicate offense qualifies as a “crime of violence” under current case law, because the definition has narrowed after the Supreme Court’s decision in United States v. Davis. Where the evidence does not support the firearm charge or the government’s theory is legally flawed, a motion to dismiss or a vigorous challenge at trial may be appropriate. If the evidence is substantial, the focus shifts to mitigation, acceptance of responsibility, and arguments that may reduce exposure under the advisory sentencing guidelines. Results may vary.
Frequently Asked Questions
What is the federal charge of using a firearm in a crime of violence?
The federal charge is brought under 18 U.S.C. § 924(c), which prohibits using, carrying, or possessing a firearm during and in relation to a crime of violence or drug trafficking crime. A conviction requires the government to prove a connection between the firearm and the predicate felony. The statute mandates a consecutive prison sentence on top of any term imposed for the underlying offense. The definition of a “crime of violence” has been the subject of significant litigation, and an experienced attorney examines whether the predicate crime meets the statutory standard.
How do federal firearm charges differ from state gun charges in Maryland?
Federal charges are prosecuted by the U.S. Attorney’s Office in federal district court and carry mandatory minimum consecutive sentences, no parole, and sentencing under the U.S. Sentencing Guidelines. State firearm offenses in Maryland, by contrast, are handled in the Circuit Court or District Court of Maryland and permit parole eligibility. The investigative resources in federal cases—FBI, ATF, DEA—are broader, and federal prosecutors have a high conviction rate. For these reasons, representation by a lawyer experienced in federal criminal practice is critical when the case moves to the U.S. District Court for the District of Maryland.
What agencies investigate use of a firearm in crime of violence cases in Howard County?
Federal firearm investigations in Howard County may involve the FBI, the ATF, the DEA, Homeland Security Investigations, or joint federal-state task forces. These agencies have extensive resources, including forensic laboratories, confidential informants, and electronic surveillance capabilities. When an arrest occurs, the case is presented to a federal grand jury, which meets in Baltimore or Greenbelt. Having a defense team familiar with these investigative methods helps ensure that evidence is challenged where appropriate and that constitutional violations are addressed early in the proceeding.
How does the federal sentencing guideline work for firearm offenses?
The U.S. Sentencing Guidelines calculate a recommended imprisonment range based on the offense level and the defendant’s criminal history category. For a § 924(c) conviction, the statute itself sets a mandatory minimum sentence that runs consecutively to any other sentence. While the guidelines are advisory, judges give them significant weight. Factors such as acceptance of responsibility, cooperation with law enforcement, and the safety valve provision can, in some cases, reduce the guideline range. Every case is different, and the specific facts determine the ultimate sentencing exposure.
Can a federal firearm charge be dropped or reduced?
A federal firearm charge may be dismissed if the government’s evidence is insufficient, if a constitutional violation tainted the investigation, or if the predicate offense does not qualify as a crime of violence. In other situations, a charge may be reduced through plea negotiations to a different offense that carries a lower mandatory minimum. Early engagement by defense counsel is often key to identifying legal weaknesses in the prosecution’s case. The ultimate decision rests with the U.S. Attorney’s Office and the federal court.
What should I do if I am under investigation for use of a firearm in a crime of violence?
Do not discuss the matter with anyone except your lawyer, and do not consent to any search or interview without counsel present. Federal investigators may contact you directly or attempt to speak with family members or coworkers. Anything you say can be used against you. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation so that an attorney can assess the situation and advise you on how to proceed before charges are filed.
How long does a federal criminal case take in Maryland?
The timeline of a federal criminal case varies widely depending on the complexity of the charges, the volume of discovery, and the court’s calendar. The Speedy Trial Act generally requires that trial begin within seventy days of an indictment or initial appearance, but many cases are resolved through pretrial motions or plea agreements. Complex firearm cases involving multiple defendants or experienced attorney forensic analysis can take longer. The court sets a scheduling order early in the case, and the firm works within that framework to protect the client’s rights at every stage.
Do I need a lawyer for a federal firearm charge?
Yes. Federal firearm charges carry mandatory minimum consecutive sentences and are prosecuted by the U.S. Attorney’s Office with significant resources. Navigating federal criminal procedure, the Federal Rules of Evidence, and the Sentencing Guidelines requires a lawyer who practices regularly in U.S. District Court. A lawyer can challenge the sufficiency of the government’s evidence, negotiate with federal prosecutors, and present mitigation that may influence the sentence. For a consultation with Mr. Sris and his Of Counsel, call (888) 437‑7747.
How does the firm defend against use of a firearm in crime of violence charges?
Defense strategies include challenging whether the firearm was actually “used” or “carried” in connection with the predicate offense, scrutinizing the legality of the search and seizure, and examining whether the predicate felony qualifies as a crime of violence under current law. The firm also explores whether the client’s statements were obtained in violation of Miranda rights and whether forensic evidence was handled properly. When the evidence is strong, the focus shifts to negotiating a disposition that minimizes the mandatory minimum exposure and presenting a thorough mitigation case at sentencing. Results may vary. Past results do not guarantee a similar outcome.
What are the potential defenses in a federal § 924(c) case?
Possible defenses may include challenging the definition of “crime of violence,” contesting the firearm’s connection to the alleged crime, attacking the credibility of cooperating witnesses, and asserting Fourth Amendment violations. Because the Supreme Court has narrowed the scope of what qualifies as a crime of violence, a careful analysis of the predicate statute is essential. Additionally, if the firearm was not brandished or discharged, the mandatory minimum may be lower. Each defense is fact-specific and must be developed after a thorough review of the discovery.
Where are federal firearm cases from Howard County prosecuted?
Howard County federal cases are prosecuted in the U.S. District Court for the District of Maryland, with proceedings held in Baltimore or Greenbelt. The Northern Division courthouse in Baltimore and the Southern Division courthouse in Greenbelt both handle criminal matters. Initial appearances and detention hearings typically occur before a magistrate judge. The firm represents clients at both locations and is familiar with the practices of the judges and the U.S. Attorney’s Office in the District of Maryland.
About Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced federal criminal defense since the firm was established in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring extensive combined legal experience to federal firearm defense. Results may vary. The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and are not employees, associates, or partners. Together, they offer multi-state representation to clients facing serious federal charges in Howard County and throughout Maryland.
Also serving nearby counties: Federal Criminal Lawyer Montgomery County | Federal Criminal Lawyer Prince George’s County | Federal Criminal Lawyer Anne Arundel County | Federal Criminal Lawyer Frederick County | Federal Criminal Lawyer Baltimore County
For court procedures and public information: U.S. District Court for the District of Maryland | United States Sentencing Commission
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.