Use of a Firearm in Crime of Violence lawyer Somerset County, NJ

Last reviewed: July 2026 Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Federal law under 18 U.S.C. § 924(c) makes it a separate criminal offense to use or carry a firearm during and in relation to a crime of violence. In Somerset County, New Jersey, these charges are investigated by federal agencies such as the FBI, DEA, and ATF, and prosecuted by the U.S. Attorney’s Office for the District of New Jersey. Conviction carries a mandatory consecutive prison sentence that is added to any penalty imposed for the underlying offense, and there is no parole in the federal system. Law Offices Of SRIS, P.C. represents individuals facing federal firearm charges in Somerset County, including those arising out of arrests in Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, and surrounding communities. To request a confidential consultation about a federal firearm case, call (888) 437‑7747.

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Understanding Federal Firearm Charges in Somerset County, NJ

A federal charge for use of a firearm in a crime of violence is one of the most serious weapon offenses the government can bring. Unlike state-level gun charges, a case under 18 U.S.C. § 924(c) is handled exclusively in the U.S. District Court for the District of New Jersey. The district has courthouses in Newark, Trenton, and Camden; cases arising out of Somerset County are typically assigned to the Newark vicinage. Federal grand juries in this district have returned indictments in cases ranging from carjacking to Hobbs Act robbery to assault on federal officers, often adding a § 924(c) count when a firearm was allegedly involved. The U.S. Attorney’s Office for the District of New Jersey has dedicated violent‑crime units that pursue these matters actively.

Because parole was abolished in the federal system, a person convicted under § 924(c) serves the full court‑imposed sentence. The sentence runs consecutively to any term for the predicate crime of violence, meaning it is stacked on top of other prison time. Federal sentencing guidelines, although advisory, heavily influence the sentence a judge imposes, and cooperation with the government may be the only statutory mechanism to reduce the mandatory minimum. The firm’s familiarity with the procedural rhythm of the Newark courthouse—from initial appearance before a U.S. Magistrate Judge through detention hearings, discovery, and trial scheduling—allows Law Offices Of SRIS, P.C. to guide clients through each stage of a federal prosecution in Somerset County.

How Mr. Sris and the Firm’s Of Counsel Attorneys Approach These Cases

Defending against a § 924(c) charge requires a close examination of the government’s proof on each element. The prosecution must establish beyond a reasonable doubt that the defendant committed a qualifying federal crime of violence and that a firearm was knowingly used, carried, or possessed in furtherance of that crime. Mr. Sris and the firm’s Of Counsel attorneys scrutinize the underlying charge to determine whether it satisfies the statutory definition of a “crime of violence”—a point that remains heavily litigated in the federal courts after a series of Supreme Court decisions. If the predicate offense does not meet the statutory test, the firearm count may not stand.

Depending on the facts, defense strategies may include challenging the admissibility of the firearm or statements obtained during the investigation, contesting whether the weapon was “used or carried” within the meaning of the statute, or presenting mitigating evidence for sentencing. The firm’s attorneys evaluate discovery from the U.S. Attorney’s Office, review the laboratory and forensic reports, and consider whether any Fourth or Fifth Amendment issues exist. Because federal prosecutors in New Jersey often seek detention pending trial, a prompt and fact‑intensive response at the bail stage can be a critical early step. Mr. Sris, a former prosecutor, brings insight into how the government builds its case, and the firm works to achieve favorable outcomes for those facing federal firearm allegations.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C., a multi‑state law firm that has been handling criminal defense matters since 1997. He is a former prosecutor and is admitted to practice 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). The firm’s Of Counsel attorneys bring extensive combined legal experience to federal criminal defense. Results may vary.

When a Somerset County resident is facing a federal firearm charge, the firm’s New Jersey location in Tinton Falls provides convenient access to the U.S. District Court in Newark and to the federal defender and CJA panel resources in the district. Mr. Sris personally engages with each matter, and the firm’s Of Counsel attorneys contribute additional depth in motions practice, trial preparation, and sentencing advocacy. The firm’s representation is by appointment; to schedule a consultation, call (888) 437‑7747.

Frequently Asked Questions

What is a “crime of violence” under 18 U.S.C. § 924(c)?

The statute defines a crime of violence as a felony that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature involves a substantial risk that physical force may be used. The U.S. Supreme Court has limited the reach of the residual clause, so today most prosecutions rely on the force clause. Federal offenses such as Hobbs Act robbery, carjacking, and certain kidnapping statutes often serve as predicate crimes of violence. If a predicate offense does not meet the legal definition, the firearm count under § 924(c) may be dismissable on a motion.

What are the penalties for a § 924(c) conviction?

A first conviction for using or carrying a firearm during a crime of violence requires a mandatory consecutive prison sentence of at least five years, with higher minimums if the firearm was brandished (seven years) or discharged (ten years). These penalties run in addition to any sentence for the underlying crime, and they cannot run concurrently. A second or subsequent § 924(c) conviction triggers a mandatory consecutive 25‑year sentence. Federal inmates are not eligible for parole, so the entire sentence imposed by the court must be served.

How does a federal firearm charge differ from a state gun charge in New Jersey?

Federal firearm charges are prosecuted by the U.S. Attorney’s Office in U.S. District Court, while state gun charges are handled in New Jersey Superior Court by the county prosecutor. Federal cases often involve longer mandatory sentences, no possibility of parole, and the application of the U.S. Sentencing Guidelines. The investigation may involve multiple federal agencies, and the discovery and procedural rules are governed by the Federal Rules of Criminal Procedure rather than New Jersey court rules.

What should I do if I am under investigation for a federal firearm offense in Somerset County?

If you learn that you are under investigation for a federal firearm offense, exercise your right to remain silent and request an attorney immediately. Do not discuss the matter with anyone other than your lawyer, and do not consent to any searches or interviews without counsel present. Preserve any documents or electronic records that may be relevant. Early engagement with experienced federal criminal defense counsel can be critical because decisions made before an indictment are often returned can affect your options.

Can a § 924(c) charge be dismissed before trial?

A § 924(c) charge can be dismissed before trial if the defense files a successful pretrial motion, such as a motion to suppress evidence or a motion to dismiss the indictment for failure to state an offense. For example, if the predicate crime of violence is found to be legally insufficient, the firearm charge may fall away. Negotiations with the U.S. Attorney’s Office can also lead to a dismissal or a reduction of the charge as part of a plea agreement. Each case turns on its own facts, and the procedural posture of the case will dictate which motions are viable.

Why should I hire a lawyer who handles federal cases specifically?

Federal criminal practice differs significantly from state court practice in procedure, sentencing, and the resources the government commits to prosecution. Attorneys who routinely appear in U.S. District Court are familiar with the federal rules of evidence, the Speedy Trial Act, the Sentencing Guidelines, and the specific practices of the U.S. Attorney’s Office for the district. This experience allows counsel to evaluate the strengths and weaknesses of a federal case early and to make informed strategic decisions. Mr. Sris and the firm’s Of Counsel attorneys have experience in the District of New Jersey and are prepared to navigate the federal system on behalf of Somerset County clients.

For a confidential consultation about a federal firearm charge, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Federal Criminal Defense in Nearby New Jersey Counties

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