Use of a Firearm in Crime of Violence lawyer New Jersey, NJ

Facing a federal charge under 18 U.S.C. § 924(c) for using or carrying a firearm during a crime of violence in New Jersey is a serious matter. The United States Attorney’s Office for the District of New Jersey prosecutes these offenses actively, and federal sentencing guidelines carry significant mandatory minimum prison terms that run consecutively to any sentence for the underlying offense. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys understand the high stakes of federal firearm charges. The firm appears before the U.S. District Court for the District of New Jersey, with courthouses in Newark, Trenton, and Camden, representing individuals facing investigations and indictments. Early engagement is critical; the federal system moves quickly, and the prosecution often has a substantial head start. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On this page

What Use of a Firearm in Crime of Violence Means in New Jersey

Under 18 U.S.C. § 924(c), any person who uses, carries, or possesses a firearm in furtherance of a crime of violence faces mandatory incarceration in addition to the sentence for the underlying crime. The statute applies whether the firearm was discharged, brandished, or merely possessed, and the mandatory minimums escalate accordingly. The U.S. Attorney’s Office for the District of New Jersey handles these prosecutions, often working with the FBI, ATF, and joint federal-local task forces. Investigations may involve surveillance, informants, and forensic analysis, and defendants frequently learn they are targets only after an arrest or grand jury subpoena.

Proceedings take place in the U.S. District Court for the District of New Jersey. The court’s Newark, Trenton, and Camden divisions hear federal criminal cases, and defendants may be required to appear in the division closest to where the alleged conduct occurred. Federal judges apply the U.S. Sentencing Guidelines, which treat firearms offenses with particular severity. Because there is no parole in the federal system, a person convicted under § 924(c) will serve the overwhelming majority of any imposed sentence behind bars. The law also mandates that the sentence for the firearm offense be served consecutively to any sentence for the predicate crime of violence, meaning the total term of incarceration can be very lengthy.

In New Jersey, the state’s own firearm laws are also strict, but a federal charge under § 924(c) is an entirely separate matter governed by federal procedure, federal rules of evidence, and the Federal Sentencing Guidelines. Mr. Sris and the firm’s Of Counsel attorneys are familiar with the local practices of the District of New Jersey and the expectations of the court and the U.S. Attorney’s Office, and they work to protect the rights of the accused at every stage.

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

A federal firearm prosecution under § 924(c) demands a defense that scrutinizes every element of the government’s case. The first priority is often to address pretrial detention: the government routinely moves to hold defendants without bail, and a robust challenge at the detention hearing can preserve liberty while the case proceeds. Next, the firm’s Of Counsel attorneys, working with Mr. Sris, examine the investigation’s foundation — the basis for the stop or search, the chain of custody of the firearm, and the reliability of witness identifications.

Because a § 924(c) charge turns on the existence of a “crime of violence,” a key defense strategy is to contest the predicate offense. Not every felony qualifies as a crime of violence under the categorical approach required by Supreme Court precedent. If the underlying offense does not meet the statutory definition, the firearm charge may be dismissed. In cases where the evidence is strong, counsel may negotiate with the assistant U.S. Attorney to resolve the matter without trial — possibly by securing a plea to a lesser offense that does not carry the same mandatory consecutive term. If trial is necessary, the firm’s Of Counsel attorneys prepare thoroughly, challenging the government’s forensic experts, presenting alternative narratives, and holding the prosecution to its burden of proof beyond a reasonable doubt.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who began practicing in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has appeared in state and federal courts across this five-state region. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He guides the firm’s federal criminal defense work, drawing on decades of courtroom experience.

The firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary. Together, Mr. Sris and the firm’s Of Counsel attorneys have handled a range of federal criminal matters before the District of New Jersey. The team prepares each case individually, evaluating the strengths and weaknesses of the government’s evidence, and advising clients on the most prudent course of action.

Frequently Asked Questions

What constitutes a “crime of violence” under federal law for firearm charges?

A crime of violence is an offense 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 against the person or property of another may be used in the course of committing the offense. Federal courts apply the categorical approach, looking only at the statutory elements, not the defendant’s specific conduct. The definition has been narrowed by Supreme Court decisions, including Johnson v. United States and United States v. Davis. If the predicate offense does not qualify, the § 924(c) charge may be invalid. An experienced federal criminal defense attorney can evaluate whether the alleged crime of violence properly supports the firearm charge.

What are the penalties for using a firearm in a crime of violence in New Jersey?

Federal law imposes a mandatory minimum prison term that must run consecutively to any sentence for the underlying crime, with longer minimums if the firearm was brandished or discharged. The exact term depends on how the firearm was used and whether the defendant has a prior § 924(c) conviction. Because there is no parole in the federal system, the sentence is served day-for-day, less a limited good-time credit. In addition, fines and restitution may apply. The U.S. Sentencing Guidelines further influence the ultimate sentence, and the court has limited authority to depart downward from the mandatory minimum.

How does a federal firearms case proceed in New Jersey?

After an investigation, the case is presented to a federal grand jury; if indicted, the defendant is arraigned in the U.S. District Court for the District of New Jersey, and the court resolves detention and schedules further proceedings. The government must provide discovery, and the defense may file motions to suppress evidence, to dismiss the indictment, or to challenge the predicate offense. The parties may engage in plea negotiations, or the case may proceed to trial before a federal judge or jury. Throughout, the Speedy Trial Act and local rules set time limits that shape the schedule. Mr. Sris and the firm’s Of Counsel attorneys guide clients through each phase, explaining the options and potential outcomes.

Can I fight a federal gun charge if I didn’t personally use the firearm?

Yes, a defense can challenge the element of “use,” “carry,” or “possession in furtherance.” The government must prove beyond a reasonable doubt that the defendant knowingly possessed the firearm and that the possession was connected to the crime. If the firearm was found near the defendant or attributed under an aiding-and-abetting theory, the defense may contest the sufficiency of the evidence. Attorneys experienced in federal court can scrutinize witness statements, forensic reports, and the chain of custody to expose weaknesses in the prosecution’s case.

Do I need a federal criminal lawyer if I am under investigation but not yet charged?

Yes, retaining a federal criminal defense attorney before an indictment is critical. Early counsel can communicate with the investigating agents or the prosecutor, present exculpatory evidence, and sometimes persuade the government not to seek an indictment. An attorney can also help the subject understand the scope of the investigation and avoid making statements that could be used against them. Every interaction with law enforcement carries risk; having an attorney engage on your behalf protects your rights.

How can Law Offices Of SRIS, P.C. help with a § 924(c) charge in New Jersey?

The firm’s federal criminal defense team, led by Mr. Sris, has experience handling the procedures and substantive issues that arise in the District of New Jersey. Mr. Sris and the firm’s Of Counsel attorneys can evaluate the government’s evidence, identify whether the predicate offense qualifies as a crime of violence, challenge unconstitutional searches or seizures, and negotiate with the assistant U.S. Attorney to seek a favorable resolution. Because federal firearm cases involve mandatory minimums that cannot be avoided without a viable defense or successful negotiation, having dedicated counsel is essential. For a consultation, call (888) 437-7747.

Related pages:

Primary sources:

Reviewed by Mr. Sris, Owner and Founder

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

Practicing since 1997

Attorney advertising. Prior results do not guarantee a similar outcome. Attorney responsible for this advertising: Mr. Sris. Results may vary.

Case results depend on a variety of factors unique to each case.