Punta Gorda Federal Gun Crime Defense Lawyers
At Foley & Wilson Law Firm, we bring over 45 years of experience as former federal prosecutors and seasoned criminal defense attorneys to our clients. Our boutique Punta Gorda criminal defense practice is dedicated to delivering unparalleled legal representation for individuals facing serious federal gun crime charges. We treat every client with dignity and respect, ensuring they receive the highest level of skill and professionalism during one of the most challenging times of their lives. Contact our experienced Punta Gorda federal gun crime defense lawyers today.
Understanding Federal Gun Crimes
Federal gun crimes are complex and carry severe penalties. The prosecution must prove specific elements to secure a conviction. Some of the most common federal gun charges we handle include the following:
Illegal Possession of a Firearm (18 U.S.C. § 922(g))
Under 18 U.S.C. § 922(g), it is illegal for certain individuals to possess a firearm. This includes felons, fugitives, drug users, individuals with mental health issues, and others. To convict someone under this statute, the prosecution must prove:
- The defendant falls into one of the prohibited categories.
- The defendant knowingly possessed a firearm.
- The firearm was in or affecting interstate commerce.
Penalties for conviction can include up to 10 years in prison, substantial fines, and a permanent ban on firearm possession.
Firearm Trafficking (18 U.S.C. § 922(a))
Firearm trafficking under 18 U.S.C. § 922(a) involves the illegal sale, transfer, or transportation of firearms. Key elements the prosecution must establish include:
- The defendant knowingly engaged in the business of dealing firearms without a license.
- The transactions crossed state or national borders.
Convictions can result in lengthy prison sentences, significant fines, and forfeiture of firearms.
Possession of a Firearm in Commission of a Federal Crime (18 U.S.C. § 924(c))
18 U.S.C. § 924(c) imposes enhanced penalties for possessing a firearm during the commission of a federal crime. The prosecution must demonstrate:
- The defendant committed a qualifying federal crime.
- The defendant knowingly possessed a firearm during the commission of that crime.
Penalties are severe and can include mandatory minimum prison sentences that must run consecutively to any other sentences imposed for the underlying crime.
Illegal Modification of Firearms (National Firearms Act Violations)
Violations of the National Firearms Act often involve illegal modifications, such as converting firearms to fully automatic weapons or creating short-barreled rifles. To convict, the prosecution must show:
- The defendant knowingly modified the firearm.
- The modification violated specific provisions of the National Firearms Act.
Penalties for these violations include substantial prison terms and fines.
Common Defenses to Federal Gun Crime Charges
Defending against federal gun crime charges requires a strategic and knowledgeable approach. Common defenses include:
- Challenging the Evidence: Questioning the legality of the search and seizure that led to the discovery of the firearm.
- Lack of Knowledge: Arguing the defendant did not know they were in possession of the firearm.
- Misidentification: Demonstrating that the defendant was not the individual in possession of the firearm or that the firearm was not unlawful to possess.
- Constitutional Violations: Asserting violations of the defendant’s constitutional rights, such as the Fourth Amendment right against unreasonable searches and seizures.
Enhanced Penalties for Combined Charges
Federal gun crimes are frequently charged alongside other criminal offenses, such as drug trafficking or violent crimes. Convictions on multiple charges can result in enhanced penalties, including mandatory consecutive sentences. This underscores the importance of having a skilled defense attorney who can effectively challenge each charge and the evidence presented.
Contact Foley & Wilson Law Firm Today
Facing federal gun crime charges in Punta Gorda can be daunting, but you do not have to navigate this challenging time alone. At Foley & Wilson Law Firm, our seasoned attorneys are committed to providing you with the best possible defense. With our extensive experience in the federal criminal justice system, we are well-equipped to handle the complexities of your case and fight for your rights.
Contact us today to schedule a free consultation and learn how we can help protect your future.
