Use of a Firearm in Crime of Violence lawyer Fauquier County, VA
When federal prosecutors charge you with using or carrying a firearm during a crime of violence, the stakes are severe — mandatory prison time stacked on top of the underlying offense. People across Fauquier County facing these charges often have no prior federal experience, and the process moves fast: federal agents build a case, a grand jury returns an indictment, and you are suddenly dealing with the U.S. Attorney’s Office for the Eastern District of Virginia. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. understand how the federal system works and what is required to defend against these charges. If you or a family member has been contacted by federal agents or received a target letter, reach us at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is a Federal Use of a Firearm in a Crime of Violence Charge?
Under Section 924(c) of Title 18, the United States Code, federal law makes it a separate crime to use, carry, or possess a firearm during and in relation to a crime of violence. A crime of violence can be defined by statute or by the nature of the offense, and the government must prove the firearm was actively employed or that its possession facilitated the underlying crime. The charge is not simply a penalty enhancement — it is an independent offense with its own mandatory minimum prison term that runs consecutively to any sentence for the underlying crime. Because these charges are prosecuted in U.S. District Court, they are subject to the Federal Sentencing Guidelines and the U.S. Attorney’s case strategy. Mr. Sris and his Of Counsel team examine every element of the charge, scrutinize how the firearm came to the government’s attention, and build a defense tailored to the specific circumstances.
Frequently Asked Questions
What is the definition of a “crime of violence” for a federal firearm charge?
A crime of violence is an offense that has an element involving the use, attempted use, or threatened use of physical force against another person or property. The definition comes from the federal statute and courts often look to the elements of the underlying offense. Some offenses are clear-cut, while others require careful analysis because the government must prove the predicate crime qualifies as a crime of violence under the law.
What mandatory penalties apply under 18 U.S.C. § 924(c)?
Section 924(c) imposes mandatory minimum prison terms that must be served consecutively to any other sentence, with no parole in the federal system. The length of the minimum depends on the circumstances, including whether the firearm was brandished or discharged, and whether it is a second or subsequent conviction. The federal sentencing guidelines also influence the final sentence, and Mr. Sris and his Of Counsel work to identify arguments for mitigating exposure.
How do federal firearm charges get started in Fauquier County?
Federal investigations often begin with a referral from a state or local arrest, or an independent federal agency investigation by the FBI, ATF, or DEA. Because Fauquier County is within the Eastern District of Virginia, the case will be reviewed by the U.S. Attorney’s Office in Alexandria. A grand jury may issue an indictment, and the case proceeds in federal court according to the Federal Rules of Criminal Procedure.
Can a federal use-of-a-firearm charge be dismissed?
Yes, the charge can be dismissed if the government fails to prove an essential element or if there are constitutional or procedural defects in the investigation. Challenges may include arguing that the underlying offense does not qualify as a crime of violence, that the firearm was not used or carried “during and in relation to” the predicate crime, or that evidence was obtained unlawfully. Every case is different, and dismissal is not guaranteed; Results may vary.
What should I do if I am contacted by a federal agent about a firearm offense?
You should not make any statement beyond identifying yourself and should immediately request to speak with an attorney. Federal agents often try to interview suspects before an indictment is issued, and anything you say can be used against you. Contact Mr. Sris or his Of Counsel as soon as possible so that we can advise you before any law enforcement conversation takes place.
How is the federal court process different from the Fauquier County state courts?
Federal court uses different rules, a different judge, and a different prosecuting office than the Fauquier County General District Court or Circuit Court. Cases are heard at the U.S. District Court for the Eastern District of Virginia, typically in Alexandria. The discovery process, motion practice, and plea negotiations are governed by the Federal Rules of Criminal Procedure and the U.S. Sentencing Guidelines, which are distinct from Virginia state procedures.
Will a federal firearm conviction affect my right to possess firearms in the future?
Yes, a conviction under 18 U.S.C. § 924(c) will result in a lifetime federal firearms disability, prohibiting you from legally possessing any firearm. This is in addition to any state-law restrictions. The consequences extend beyond the prison term and can affect employment, housing, and other areas of life.
Does the type of firearm affect the charge?
The statute applies to any firearm as defined in federal law, but the type of firearm and whether it was actually used or displayed can affect sentencing enhancements. For example, a machine gun or short-barreled rifle can trigger higher mandatory minimums. Even a firearm that is not discharged can support a charge, and Mr. Sris and his Of Counsel evaluate how the weapon was handled and whether the government can prove the required connection to the crime.
What is the role of a grand jury in a federal firearm case?
A federal grand jury determines whether there is probable cause to return an indictment charging a person with a crime. The grand jury hears only the government’s evidence in secret proceedings. If an indictment is issued, the defendant is arrested or ordered to appear. An experienced attorney can sometimes make a presentation to the prosecutor before the grand jury votes, and Mr. Sris and his Of Counsel evaluate whether pre-indictment advocacy is appropriate.
Can I be released on bond while facing a federal firearm charge?
Pretrial release is possible, but federal judges consider the risk of flight and danger to the community under the Bail Reform Act. In cases involving a firearm and a crime of violence, the government often seeks detention. Mr. Sris and his Of Counsel prepare a thorough presentation for the detention hearing to argue for release and can propose conditions such as electronic monitoring or third-party custody.
How do I find an experienced federal defense attorney for Fauquier County matters?
Look for an attorney who practices regularly in the U.S. District Court for the Eastern District of Virginia and who has experience with complex federal criminal defense. Mr. Sris and his Of Counsel have handled federal matters in the EDVA and are familiar with the local practices, the U.S. Attorney’s Office, and the federal probation office. For a consultation, call (888) 437-7747.
What should I bring to a consultation about a federal firearm charge?
Bring any charging documents, letters from federal agents, and a list of questions you have about the process. Do not bring any firearms or contraband. The consultation gives you an opportunity to discuss the facts confidentially and understand your options. To schedule a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced federal criminal defense since founding the firm in 1997. He and his Of Counsel team bring extensive experience to federal cases, including those involving firearm offenses under 18 U.S.C. § 924(c). They analyze every element of the government’s case, challenge flawed evidence, and work to protect clients’ rights throughout the investigation and prosecution. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm serves clients in Fauquier County, with visits by appointment at our Fairfax location. Call (888) 437-7747 to discuss your matter.
Learn more about federal criminal defense in nearby jurisdictions:
Fairfax County Federal Criminal Lawyer |
Prince William County Federal Criminal Lawyer |
Loudoun County Federal Criminal Lawyer |
Arlington County Federal Criminal Lawyer
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