Use of a Firearm in Crime of Violence lawyer Maryland, MD
Federal prosecutors in Maryland actively pursue charges under 18 U.S.C. § 922 et seq. When a firearm is alleged to have been used during a crime of violence. A conviction can trigger mandatory minimum prison terms, consecutive sentences, and a lifetime federal firearms disability. Law Offices Of SRIS, P.C. represents clients facing these serious allegations in the U.S. District Court for the District of Maryland—with divisions in Baltimore and Greenbelt—and works to protect their rights at every stage. Mr. Sris, Owner and Founder of the firm, and the firm’s Of Counsel attorneys bring extensive combined legal experience to federal firearm defense, drawing on an understanding of how federal prosecutors and investigative agencies such as the ATF and the FBI build these cases. Because the stakes are high and early intervention can influence the direction of a matter, contact our firm as soon as possible. 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 Crime of Violence Means in Maryland
Federal law makes it a separate crime to use, carry, brandish, or discharge a firearm during and in relation to any crime of violence or drug trafficking offense. The principal statutes—18 U.S.C. § 924(c) and related provisions under 18 U.S.C. § 922—carry mandatory minimum prison terms that run consecutively to any other sentence imposed. In Maryland, these charges are prosecuted by the U.S. Attorney’s Office for the District of Maryland, often in coordination with federal task forces that include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, and local law enforcement partners.
When a firearm is involved in an alleged violent crime—such as assault on a federal officer, carjacking, kidnapping, or a robbery that falls within federal jurisdiction—prosecutors routinely add a § 924(c) count. The additional charge dramatically increases the potential sentence and removes the possibility of federal parole. Because the U.S. District Court for the District of Maryland applies the U.S. Sentencing Guidelines and mandatory minimum statutes, a defendant can face decades in federal prison even on a first offense. The investigation often begins before an arrest, and the government may use grand jury subpoenas, electronic surveillance, and witness testimony to build its case. Anyone who learns they are under investigation or has been charged needs counsel who practices regularly in federal court and is familiar with the procedures and judges in the District of Maryland.
Federal firearm cases are procedurally distinct from state court matters. The Speedy Trial Act calendar, the complex discovery rules under the Federal Rules of Criminal Procedure, and the requirement that any plea agreement be approved by a U.S. District Judge all demand a defense team that knows how to navigate the federal system. At Law Offices Of SRIS, P.C., we serve clients throughout Maryland from our location in Rockville, by appointment only, and appear in the Baltimore and Greenbelt divisions of the U.S. District Court.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearm-Related Federal Charges
Our defense approach begins with a careful review of the charging instrument and the government’s evidence. Federal firearm cases often involve search warrants, witness identifications, forensic firearm analysis, and digital evidence from cell phones and social media. We seek to identify constitutional violations—such as illegal searches under the Fourth Amendment—that may support a motion to suppress. The firm also examines whether the government can prove every element of the § 924(c) charge beyond a reasonable doubt, including whether the underlying offense qualifies as a “crime of violence” under current case law.
Pretrial motion practice is critical. We may move for a bill of particulars, file a motion to dismiss for legal insufficiency, or challenge the grand jury process. Where the government’s case is strong, we engage in early plea discussions to explore a resolution that avoids the most serious mandatory penalties. Mr. Sris and the firm’s Of Counsel attorneys have experience presenting mitigating factors—such as the defendant’s background, limited role in the alleged offense, and acceptance of responsibility—to the court and to the prosecutors. If a case goes to trial, the firm prepares a thorough defense, including cross-examination of government agents and presentation of expert testimony where appropriate.
At sentencing, the U.S. Sentencing Guidelines are advisory but heavily influential. We advocate for a sentence below the guidelines when the circumstances warrant it, including through downward departure motions, safety-valve arguments (where applicable), and motions for a variance under 18 U.S.C. § 3553(a). The firm works to build a record that supports the most favorable outcome possible under the law.
Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary.
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 has practiced criminal defense since founding the firm in 1997. He 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). His experience on the prosecution side gives him insight into how the government assembles a federal firearm case.
Mr. Sris is supported by a team of Of Counsel attorneys who contract directly with the firm. Each Of Counsel attorney brings significant litigation experience to the matters they handle. Together, the team represents clients in federal courts throughout Maryland, drawing on a collective background that includes prior prosecutorial and law enforcement experience. The firm’s Maryland location, by appointment only, is at 199 E. Montgomery Avenue, Suite 100, Room 211, Rockville, MD 20850.
Frequently Asked Questions
What constitutes “use of a firearm” under federal law?
Under 18 U.S.C. § 924(c), “use” of a firearm includes not just discharging it but also carrying or brandishing the weapon during and in relation to a crime of violence or drug trafficking offense. The statute encompasses a wide range of conduct—from actually firing a gun to merely possessing it in a manner that furthers the predicate crime. Federal courts interpret “brandishing” broadly, and even a temporary display can trigger the mandatory minimum penalties. Because the definition is expansive, the government may charge a defendant even when no shot was fired. An experienced defense attorney can challenge whether the government’s evidence rises to the level required for each category of use.
What are the mandatory minimum penalties for using a firearm during a crime of violence?
Federal law imposes mandatory minimum prison sentences for firearm use during a crime of violence, with longer terms for brandishing or discharging the weapon. The exact minimum depends on how the firearm was used and whether it is a first or subsequent conviction. Notably, these mandatory sentences run consecutively to any other federal sentence imposed on the underlying crime. There is no parole in the federal system, and good-time credit is limited. A conviction under § 924(c) can add years or decades to a sentence. Because the minimums are fixed by statute, a judge cannot go below them except in narrow circumstances, making plea bargaining and pretrial litigation critical.
How do the federal sentencing guidelines apply to firearm offenses in Maryland?
The U.S. Sentencing Guidelines calculate an offense level based on the underlying crime and any firearm-specific enhancements, which then yields an advisory sentencing range. In the District of Maryland, the court begins with the base offense level for the predicate crime of violence, then applies specific offense characteristics for firearm possession, use, or discharge. Additional adjustments may apply for obstruction of justice, acceptance of responsibility, or a defendant’s role in the offense. The resulting guideline range is advisory, but the court must still impose any statutory mandatory minimum sentence. The firm’s attorneys understand how to argue for downward departures and variances, including presenting mitigating evidence that may persuade a judge to impose a sentence below the guideline range.
Do I need a lawyer if I am under investigation for a federal firearm charge?
Yes, you should contact a federal criminal defense lawyer immediately if you learn you are under investigation. Federal firearm investigations often begin with a search warrant at your home, a grand jury subpoena for records, or contact from a federal agent. Speaking to investigators without counsel present can seriously damage your defense. An attorney can intervene to protect your rights, negotiate with the government before an indictment is returned, and investigate the facts while evidence is fresh. At Law Offices Of SRIS, P.C., our team is available to discuss your situation and develop a strategy before formal charges are filed. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
How can a lawyer defend against a charge of using a firearm in a crime of violence?
A defense may challenge whether the government can prove the firearm use, whether the predicate offense is legally a crime of violence, and whether any constitutional violations occurred during the investigation. For example, if the police obtained evidence through an illegal search, a motion to suppress may exclude the firearm from the trial. The defense may also contest the reliability of witness identifications or forensic firearm analysis. In some cases, it may be shown that the defendant did not actually possess the firearm or that the underlying offense does not meet the legal definition of a crime of violence under Supreme Court precedent. Each case is unique, and the firm evaluates every angle to build the strong $1.
What courts handle federal firearm cases in Maryland?
Federal firearm charges arising in Maryland are prosecuted in the U.S. District Court for the District of Maryland, which has two main courthouses: one in Baltimore and one in Greenbelt. The Baltimore division handles cases from central and northern Maryland counties, while the Greenbelt division covers the suburban and southern counties. The U.S. Magistrate Judges and District Judges preside over initial appearances, detention hearings, arraignments, motions, and trials. Law Offices Of SRIS, P.C. represents clients in both divisions. To discuss how the court procedures in the District of Maryland may affect your case, contact our firm at (888) 437-7747.
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