Defending Against Federal Firearms Offenses In Illinois
Federal firearms charges hit hard. Prosecutors bring serious resources to bear against defendants, and the penalties are severe. We know the stakes, and we rigorously defend our clients in these cases. Our role is to stand between the government and our clients’ future. We challenge the government’s case, attack weak evidence, and force prosecutors to prove every element. At the same time, we use strategic negotiation when it puts our clients in a stronger position. Every move is calculated with one goal in mind: the best possible outcome.
Federal gun charges often involve allegations under 18 U.S.C. § 922 and 18 U.S.C. § 924. These statutes address possession of a firearm by a prohibited person, transportation of firearms, use of a firearm in connection with a drug offense or violent crime, and other conduct. A conviction can bring long prison sentences and significant supervised release. Illinois state law can also be involved, such as unlawful use of a weapon under 720 ILCS 5/24-1 or FOID Act violations under 430 ILCS 65. Our team assesses applicable laws and evidence to identify pressure points in the case.
How Federal Gun Charges Are Built
Federal gun cases rely heavily on searches, police stop records, forensic testing, and prior criminal history. We scrutinize each step. If officers violated the Fourth Amendment, we move to suppress the evidence. If the firearm cannot be tied to the accused, we attack the chain of custody. When prosecutors rely on prior felony status under 18 U.S.C. § 922(g), we examine whether the predicate offenses legally qualify. We do not assume the government’s evidence is valid. We test it.
Sentencing Exposure And Mandatory Minimums
Some federal gun crimes carry mandatory minimum sentences, particularly under 18 U.S.C. § 924(c) involving firearms in furtherance of drug trafficking or violent crimes. Sentencing guidelines add another layer of risk. We approach sentencing like another battleground. We push back against enhancements, challenge criminal history scoring, and present mitigating factors that change the outcome. When a plea agreement is truly in a client’s best interest, we negotiate it from a position of strength, not fear.
Building A Defense Strategy That Fits The Facts
No two cases are identical. We build a strategy based on the facts, the forum, and the prosecutor’s tendencies. Defense tools can include:
- Motions to suppress evidence from illegal stops or searches.
- Challenging possession or knowledge of the firearm.
- Attacking forensic testing or ballistics links.
- Fighting prior conviction classifications.
- Pursuing constructive possession defenses.
- Negotiating charge reductions when it advances the client’s position.
We prepare every case as if it may go to trial. Preparation changes leverage, and leverage changes results.
Federal Firearm Charge Frequently Asked Questions
What Is Considered A Federal Firearms Offense
A federal firearms offense generally involves conduct prohibited by federal law, often under 18 U.S.C. § 922 or § 924. Examples include possession by a convicted felon, possession by certain prohibited persons, unlawful sale or transport of firearms, or using a gun during certain federal crimes. These cases are prosecuted in federal court and often carry harsher penalties than many state firearm charges.
How Serious Are Federal Gun Charges Compared To Illinois State Charges??
Federal charges usually bring greater sentencing exposure, broader investigative tools, and aggressive prosecution. While Illinois law, such as 720 ILCS 5/24-1 or FOID violations, can be serious, federal sentencing guidelines and mandatory minimums often increase risk. Defending federal charges requires challenging the investigation early and understanding how federal statutes and guideline calculations apply.
Can A Prior Felony Conviction Lead To A Federal Firearms Case?
Yes. Under 18 U.S.C. § 922(g), possession of a firearm by a convicted felon can be charged federally. The government must prove that the prior conviction qualifies, that a firearm was possessed, and that the firearm moved in interstate commerce. We often focus on whether the stop and search was lawful, whether possession can be proven, and whether prior convictions were properly classified.
What Defenses Exist For Federal Firearms Charges?
Defenses depend on the facts. Common strategies include challenging unlawful search and seizure, disputing possession, attacking the credibility of witnesses, questioning forensic testing, or arguing that the accused did not knowingly possess the firearm. Constitutional motions can significantly weaken the prosecution’s case and sometimes result in the dismissal of key evidence.
What Happens If A Firearm Is Tied To Drug Or Violence Charges?
When a gun is linked to alleged drug trafficking or violent crime, prosecutors may pursue enhanced penalties under 18 U.S.C. § 924(c). These charges often carry mandatory prison time. Our approach is to examine whether the government can actually prove the firearm was possessed in furtherance of the alleged offense. We also assess whether separating or attacking counts can reduce exposure.
Is It Possible To Negotiate A Plea In A Federal Firearms Case?
Yes, but negotiation is a tactic, not a default choice. We evaluate the strength of the case, suppression issues, guideline ranges, and trial risks. When negotiation produces a better outcome than trial, we press for reduced counts, favorable stipulations, or lower guideline calculations. When the government will not offer a fair deal, we are prepared to fight in court.
What Should A Person Do After Being Charged With A Federal Firearms Offense?
Quick legal action matters. Federal cases move fast, and prosecutors begin building their case immediately. Early involvement allows defense counsel to protect constitutional rights, address detention issues, and begin developing a strategic defense plan. Waiting only benefits the prosecution.
Call Edward Johnson & Associates For Aggressive Federal Firearms Defense
Federal gun cases demand strength, strategy, and relentless advocacy. We are trial fighters who also know how to outthink prosecutors at the negotiating table.
Contact our Chicago criminal defense attorney at Edward Johnson & Associates P.C. by calling 708-606-4386 to receive your free consultation. The firm’s offices are located in Chicago, Illinois, and it serves clients throughout the Chicagoland metro. We stand ready to protect rights, freedom, and future in federal firearms cases.
