If you are facing a 924(c) charge in federal court, it is important to understand what this charge entails. A 924(c) charge is a federal law that prohibits the use of firearms in furtherance of a drug trafficking crime. This charge is punishable by a mandatory minimum sentence of 5 years in prison.
The penalties for a 924(c) charge increase if the firearm is brandished, discharged, or possessed during the commission of the drug trafficking crime. If the firearm is brandished, the mandatory minimum sentence is 7 years in prison. If the firearm is discharged, the mandatory minimum sentence is 10 years in prison. And if the firearm is possessed during the commission of the drug trafficking crime, the mandatory minimum sentence is 25 years in prison. A 924(c) charge can be filed as a standalone charge or in addition to other charges related to the underlying drug trafficking offense.
What constitutes a “drug trafficking crime”?
A drug trafficking crime is any felony violation of the controlled substances laws of the United States. This includes crimes such as manufacture, distribution, or possession with intent to manufacture or distribute controlled substances.
In order for the government to convict someone of violating 924(c), they must prove 3 things beyond a reasonable doubt:
1. That the defendant committed a drug trafficking offense;
2. That the defendant knowingly used or carried a firearm during and in relation to that drug trafficking offense; AND
3. That such use or carry was unlawful under 18 U.S.C S924(c).
Note that it is not enough for the government to prove that the defendant merely possessed a firearm during the course of committing a drug trafficking offense – they must also prove that the defendant knowingly used or carried that firearm during and in relation to such an offense. However, even if the government cannot prove that the defendant actually used or carried the firearm, they can still convict under 924(c) so long as they can prove that the mere presence of a firearm facilitated or had potential to facilitate, some other drug trafficking offense. For example, if law enforcement officers execute a search warrant on a premises where drugs are being distributed and they find drugs and firearms within close proximity to each other, this would suggest that guns were being kept at this location in order to facilitate drug distribution activities – even if there’s no direct evidence linking any particular gun to any specific distribution activity.
If you are convicted of violating 924(c), you will face serious penalties – including a mandatory minimum sentence of 5 years in prison. If you are facing a 924(c) charge, it is important to contact an experienced criminal defense attorney who can help you navigate these complex waters and build a strong defense against these charges. Click here to schedule a consultation with an experience federal criminal defense attorney.