If you're facing federal firearm possession charges related to a drug trafficking charge, understanding the law and penalties is crucial.

Under 18 United States Code, Section 924(c)(1), it's illegal to possess a firearm in furtherance of a drug trafficking crime or crime of violence. This is a serious offense, with some situations requiring a mandatory minimum sentence of a decade in prison.

If you're charged with federal firearm and drug trafficking charge, contact a federal criminal defense attorney immediately. At the Koop Law Firm, Jeremy D. Koop is an experienced gun crime attorney with years of experience on both sides of the courtroom. He will fight to preserve your Constitutional rights.

What possession of a gun in furtherance of a drug trafficking charge requires for a conviction

To secure a conviction for possessing a firearm in furtherance of a drug trafficking crime or a crime of violence, prosecutors must establish two key elements. Firstly, they must prove the defendant committed the underlying crime, such as drug trafficking or a violent crime. Secondly, they must prove the defendant used or carried a firearm during or in relation to the underlying crime.

Significantly, the phrase "during or in relation to" means the gun either played an integral role in the crime, made the crime easier to commit, or merely had the potential of facilitating the crime.

As you can imagine, gray areas can exist in federal possession of a gun in furtherance of a drug trafficking crimes. Being near a firearm at the scene doesn't establish possession for a crime. The firearm's presence could be unrelated or coincidental to the underlying offense.

Therefore, when assessing whether the possession of a firearm furthers a criminal activity, several factors come into play, including:

• The type of criminal activity
• The usefulness of the firearm
• The extent to which the firearm was observed before, during, and after the crime

Penalties for possession of a firearm in furtherance of a drug trafficking crime

The mandatory minimum prison sentence for possession of a firearm in furtherance of a drug trafficking crime depends, in part, on how the defendant used the gun. Discharging the firearm results in a 10-year mandatory minimum prison sentence. Brandishing a firearm will result in a seven-year minimum sentence. Possessing or carrying a firearm results in a five-year minimum sentence.

According to the U.S. Sentencing Commission, the average sentence for possession of a firearm in furtherance of a drug trafficking crime is 142 months in prison or approximately 12 years.

Thus, the severity of the penalty for this crime emphasizes the need for an experienced federal criminal defense attorney to represent you.

Common defenses against the charges

If you have been charged with possession of a firearm in furtherance of a drug trafficking crime, your attorney may employ several strategies to defend your rights. Some common defenses against the charge could include:

• No connection between the gun and crime
• The defendant was unaware of the firearm's presence or did not intend to use it to further the crime
• Challenging the validity of the underlying crime
• The firearm wasn't present at the scene or another person actually possessed it

If you or someone you know is charged under 18 U.S.C. section 924(c)(1), seek legal help immediately. Federal criminal defense lawyer Jeremy D. Koop has the expertise to defend against these serious charges. Contact us today.