Florida Defense Attorney Handles A Range of Gun Crimes
Our country has strict laws in place to govern the possession and use of firearms. If you are accused of committing a federal gun crime offense, the penalties you face are much more severe than if you were charged with a state firearms crime. At the Law Office of Nayib Hassan, P.A., we recognize the seriousness of your situation. The moment you retain our services, we work swiftly to investigate your case, protect your rights, and help you build a solid defense.
Possession of A Firearm or Ammunition by A Prohibited Person
If you are a prohibited person, and found in possession of a firearm or ammunition while crossing state lines, you face steep penalties. According to USC § 922(g), you face up to 10 years imprisonment. Furthermore, you may receive a minimum sentence of 15 years without parole if you have three or more prior convictions for a felony crime of violence (e.g., burglary, robbery, assault, possession of offensive weapons), and/or drug trafficking felony.
Prohibited individuals are the following:
- Drug addict
- Person subject to a domestic restraining order
- Person with a prior conviction for domestic violence
- Fugitive from justice
- Someone dishonorably discharged from the military
Under USC § 922(d), knowingly selling a firearm to any of these prohibited persons is a federal offense punishable by up to 10 years imprisonment.
Using A Gun During A Drug or Violent Crime
If you are arrested for furthering a drug felony or federal crime of violence by using a firearm, you face federal charges. Under USC § 924(c), you face a minimum of 5 years and up to life imprisonment, without parole, or death if death results from use of a firearm. Your sentence must be served consecutive to any other sentence.
It is also important to remember that the mandatory minimum sentence may increase depending on certain factors such as:
- The type of firearm involved (sawed-off gun, silencer, etc.)
- If more than one offense was committed
- Whether the gun was simply possessed or was brandished or discharged
The use of a gun during the commission of any type of crime can significantly increase the charges against you. If you are arrested for any type of federal firearm offense, consult with an experienced criminal law attorney as soon as possible.