Use of a Firearm in Crime of Violence lawyer Goochland County, VA

Federal charges alleging use of a firearm during a crime of violence carry some of the most severe mandatory minimum sentences in the federal system. For residents of Goochland County, these charges are prosecuted in the U.S. District Court for the Eastern District of Virginia, where conviction rates are high and sentencing guidelines impose consecutive prison terms with no possibility of parole. Mr. Sris, a former prosecutor and the Owner and Founder of Law Offices Of SRIS, P.C., has concentrated his practice on federal criminal defense since 1997. He and his experienced Of Counsel team represent individuals facing federal firearms charges under 18 U.S.C. § 924(c) and related statutes. Early intervention—before an indictment is returned—can materially affect the direction of the case. If you or someone you know is under investigation or has been charged in Goochland County, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Federal Use of a Firearm in a Crime of Violence Means in Goochland County

Under 18 U.S.C. § 924(c), a person who uses, carries, or possesses a firearm during and in relation to a crime of violence or drug trafficking crime faces a mandatory minimum consecutive sentence. A first conviction carries a mandatory minimum of five years, which runs consecutively to any other sentence imposed for the underlying offense. If the firearm is brandished, the mandatory minimum becomes seven years; if discharged, ten years. A second or subsequent conviction results in a mandatory minimum of twenty-five years. These sentences cannot be served concurrently, cannot be reduced through parole, and good-time credit is limited.

The term “crime of violence” is defined by 18 U.S.C. § 924(c)(3) and includes any felony that has as an element the use, attempted use, or threatened use of physical force against another person, or any felony that by its nature involves a substantial risk of physical force. Federal courts in the Fourth Circuit, including the Eastern District of Virginia, have issued numerous decisions interpreting what qualifies as a crime of violence, and the definition remains a frequent battleground in federal criminal litigation.

For a Goochland County resident, a federal firearms investigation often begins with a federal law enforcement agency—most commonly the FBI, ATF, or DEA—conducting surveillance, executing a search warrant, or building a case through cooperating witnesses. Charges are brought by the U.S. Attorney’s Office for the Eastern District of Virginia. The case proceeds in the Richmond Division of that court, where the initial appearance, detention hearing, and trial occur. Because the federal process moves quickly under the Speedy Trial Act and carries the weight of the U.S. Sentencing Guidelines, retaining counsel familiar with the Eastern District’s procedures is critical from the outset.

How Mr. Sris and His Of Counsel Handle Use of a Firearm in Crime of Violence Cases

Mr. Sris approaches every federal firearms case with an immediate focus on preserving the defendant’s rights during the investigation phase. If a client has been contacted by federal agents, he advises that no statement be made without counsel present. When an indictment is returned, he reviews the charging instrument, the criminal complaint affidavit, and all discovery materials to identify potential motions—such as challenges to the sufficiency of the evidence that the firearm was used “during and in relation to” the predicate offense, or arguments that the predicate offense does not qualify as a crime of violence under the statute.

The Of Counsel team supports Mr. Sris by examining forensic evidence, ballistics reports, and any digital or surveillance records. Together they assess the strength of the government’s case, explore whether a favorable plea agreement can be negotiated, and prepare for trial when a negotiated resolution is not in the client’s best interest. Sentencing advocacy is a critical component of the representation: if a conviction occurs, Mr. Sris and his Of Counsel argue for downward departures or variances where available, present mitigating evidence, and work to minimize the overall term of imprisonment. Throughout the matter, the client receives regular communication about case developments and strategic options.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Before founding the firm, he served as a prosecutor, giving him firsthand insight into how the government builds and charges federal criminal cases. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). In his federal practice, Mr. Sris focuses on complex criminal defense, including firearms, drug trafficking, and white‑collar prosecutions.

Mr. Sris is supported by a team of experienced Of Counsel attorneys who collectively bring substantial federal and state criminal defense experience. Together they handle matters from investigation through trial and appeal, leveraging a multi‑state perspective that is particularly valuable in federal cases where the client may face charges in more than one district. The firm’s Richmond Location—by appointment only—serves clients in Goochland County and throughout central Virginia.

Frequently Asked Questions About Federal Firearms Charges in Virginia

What does “use of a firearm during a crime of violence” mean under federal law?

Under 18 U.S.C. § 924(c), it means a person used, carried, or possessed a firearm during and in relation to a violent felony or a drug trafficking crime. The government must prove that the firearm was employed in some way that furthered the crime—mere presence of a firearm at the scene is not enough. Courts consider whether the firearm was actively brandished, discharged, or used to intimidate a victim. The definition is heavily litigated, particularly when the predicate offense is charged as a crime of violence under the statute’s “residual clause” or “elements clause.” An experienced federal defense attorney will scrutinize the prosecution’s evidence on this element because a successful challenge can result in dismissal of the § 924(c) count.

Do I need a lawyer if I am under investigation for a federal firearms offense but not yet charged?

Yes, retaining counsel before charges are filed can significantly improve your position. Federal investigations often last months. During that time, an attorney can intervene with the investigating agency or the U.S. Attorney’s Office to present exculpatory evidence, negotiate a pre‑indictment resolution, or prepare for potential charges. Attempting to cooperate or explain matters to agents without counsel carries substantial risk, as statements can be used in later proceedings. Early engagement also allows the attorney to protect your rights against searches, seizures, and electronic surveillance. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 as soon as you become aware of an investigation.

How do federal sentencing guidelines apply to a § 924(c) charge?

A conviction under § 924(c) triggers a mandatory consecutive term of imprisonment that is added to any other sentence, regardless of the guideline range for the underlying offense. The guidelines themselves also assign a high offense level for firearm conduct, but the statute’s mandatory minimum overrides the guidelines in most cases. For example, a defendant convicted of an armed bank robbery would receive a sentence for the robbery itself, plus the consecutive § 924(c) term. Because there is no parole and good‑time credit is limited to 54 days per year, the effective sentence length is substantial. The attorney’s role includes arguing for any available exceptions, such as the safety valve provision when applicable, or seeking a downward departure for substantial assistance.

Can a charge under 18 U.S.C. § 924(c) be dismissed or reduced?

Yes, a § 924(c) charge can be dismissed if the evidence is insufficient or the predicate offense does not qualify as a crime of violence. Many federal defendants have successfully challenged § 924(c) counts on legal grounds, particularly after recent Supreme Court decisions that narrowed the definition of “crime of violence.” Additionally, the charge can be reduced in plea negotiations if the government agrees to drop the firearm count in exchange for a guilty plea to the underlying offense, though such outcomes depend on the specific facts and the prosecutor’s discretion. A thorough review of the discovery by defense counsel is essential to identify these opportunities. Results may vary.

What should I do if federal agents contact me about a firearm offense?

Politely decline to answer questions and immediately state that you wish to speak with an attorney. Federal agents are trained interrogators, and any statement you make—even one you believe is helpful—can be used to support a criminal charge. Do not consent to a search of your home, vehicle, or electronic devices without a warrant. After the encounter, document what occurred and contact counsel as soon as possible. Mr. Sris and his Of Counsel team can be reached at (888) 437-7747 to advise on how to handle further contacts and to intervene with the investigating agency if appropriate.

Additional Federal Criminal Defense Resources in Virginia

For related legal services in other Virginia localities, see:

Federal Criminal Lawyer in Fairfax County | Federal Criminal Lawyer in Prince William County | Federal Criminal Lawyer in Fairfax City

For authoritative information on the federal court system and Virginia legal resources, visit Virginia Courts and the Virginia Legislative Information System.

Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997

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