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A federal gun charge can carry many times the prison time that the same conduct would carry in state court. Under the Federal  Armed Career Criminal Act, the average sentence for a felon-in-possession conviction climbs from 67 months to 199 months once three qualifying priors are established, and adds another five to ten years on top when a firearm is tied to a drug trafficking or violent offense. Defending these cases in Federal Court is what Robert J. Fickman Criminal Defense has done for more than 40 years, handling over 300 federal cases.

What Is a Federal Felon-in-Possession Charge and What Prison Time Does It Carry?

The most common federal gun charge against people with prior records is felon in possession, which forbids anyone previously convicted of a crime punishable by more than one year from possessing a firearm or ammunition that has traveled in interstate commerce. The statutory maximum is ten years in federal prison, plus supervised release and substantial fines. Federal criminal defense attorney Robert Fickman examines every predicate conviction in a case because some priors no longer qualify under current law.

How a Firearm Tied to a Drug or Violent Crime Adds Years to a Sentence

When a Federal Court finds that a firearm was used or possessed during a drug trafficking crime or a crime of violence, it adds a mandatory sentence that must be served on top of and after the underlying offense, not at the same time. The tiers are strict:

• 5 years for possession of a firearm in furtherance of the underlying crime
• 7 years if the firearm was brandished
• 10 years if the firearm was discharged
• 25 years for a second or subsequent conviction after a prior has become final

The Armed Career Criminal Act’s 15-Year Mandatory Minimum

The Federal Armed Career Criminal Act (ACCA) imposes a 15-year mandatory minimum on anyone charged with a felony in possession who has three prior convictions for a violent felony or serious drug offense committed on separate occasions. Houston federal criminal defense attorney Robert Fickman re-examines every prior conviction to challenge whether it still qualifies under current law.

How the Federal Sentencing Guidelines Stack on Top of Mandatory Minimums

Even without a mandatory minimum, the federal sentencing guidelines can push a federal gun case into serious prison time. The guidelines set a base offense level for firearms offenses and then add points based on a range of aggravating factors, including the type of weapon involved, prior convictions, whether the firearm was stolen, whether it had altered serial numbers, and any connection to a separate felony.

When a mandatory consecutive sentence for using a firearm during a crime is already imposed, the guidelines include a specific protection against stacking additional firearm penalties on top of that sentence. Career offender status can push the sentencing range even higher, sometimes dramatically so.

Defenses and Challenges in Federal Gun Cases

Federal criminal defense lawyer Robert Fickman builds gun case Defenses around multiple legal issues:

• Constitutional challenges arguing the felon-in-possession ban cannot apply to defendants with only nonviolent prior convictions
• Challenging whether prior convictions qualify as violent felonies under the strict legal test
• Fourth Amendment suppression of firearms seized through unlawful stops or searches
• Knowledge defenses require the government to prove the defendant knew they were prohibited from possessing a firearm

Robert Fickman has handled many Federal firearm cases in the 4o plus years he has been a criminal defense lawyer.

Federal Gun Cases Are Too High-Stakes for a Lawyer Without Federal Experience to Learn on

Federal Firearm Laws are complex and very serious. The consequences of a conviction can determine whether the accused spends some years in prison or the rest of his life behind bars.  A Federal Firearms case should not be entrusted to someone with no or limited Federal Criminal Defense experience. Criminal Defense lawyer, Robert Fickman, has defended more than 300 federal cases in his many years as a Federal Criminal Defense Attorney. Call or contact us online to discuss your case with Federal Criminal Defense Lawyer Robert Fickman.