Mandatory Minimum Firearm Sentences Under 18 U.S.C. § 924(c)

Respected Federal Criminal Defense Lawyers Aggressively Defending Clients Charged with Gun Crimes

Federal firearm offenses carry some of the harshest penalties in the U.S. criminal justice system, and 18 U.S.C. § 924(c) is one of the most severe sentencing provisions. This statute imposes mandatory minimum sentences for individuals who use, carry, or possess a firearm during a violent crime or drug trafficking offense. Because these sentences must be served consecutively to any other sentence, a conviction under 924(c) can add years or even decades to an individual’s total prison term. The Olsinski Law Firm, PLLC has decades of experience defending clients against serious federal firearm charges and understands how to challenge prosecutorial tactics that push for the harshest possible penalties.

How 18 U.S.C. § 924(c) Imposes Mandatory Minimum Sentences

Unlike many other criminal statutes, 924(c) does not allow for judicial discretion when it comes to sentencing. If convicted, the judge must impose the minimum sentence outlined in the statute, regardless of mitigating factors. The length of the sentence depends on how the firearm was used during the underlying crime.

Mandatory Minimum Sentences Under 18 U.S.C. § 924(c):

• Possession of a firearm during a violent crime or drug trafficking offense – 5 years minimum.
• Brandishing a firearm – 7 years minimum.
• Discharging a firearm – 10 years minimum.
• Possession of a short-barreled rifle or shotgun – 10 years minimum.
• Possession of a machine gun, silencer, or destructive device – 30 years minimum.
• Second or subsequent conviction under 924(c) – Mandatory additional 25 years to life, served consecutively.

Because these sentences must be served in addition to any other sentence for the underlying crime, they often result in significantly longer prison terms. For example, a defendant convicted of armed robbery and a 924(c) offense for brandishing a firearm could face a 7-year minimum sentence for the firearm alone, on top of the sentence for robbery.

Why 18 U.S.C. § 924(c) Sentences Are So Severe

The federal government takes an aggressive approach to firearm-related crimes, particularly when guns are used in connection with drug offenses or violent felonies. Congress enacted 18 U.S.C. § 924(c) to deter the use of firearms in criminal activity by imposing harsh, non-negotiable sentences.

Key factors that make 924(c) cases especially severe include:

• No parole – Defendants must serve their full sentences, as parole does not exist in the federal system.
• Consecutive sentencing – A 924(c) sentence is added to any other sentence, rather than served concurrently.
• Limited plea options – Many defendants feel pressured to plead guilty to avoid mandatory minimums.

Federal prosecutors use these sentencing provisions as leverage in plea negotiations, often threatening longer sentences unless the defendant agrees to a plea deal.

How Prosecutors Use 18 U.S.C. § 924(c) to Increase Sentences

Prosecutors frequently stack multiple firearm charges in a single case to maximize sentencing. Some of the most common ways they do this include:

• Charging multiple 924(c) violations in one indictment – If a defendant is accused of carrying a firearm on multiple occasions related to the same criminal enterprise, they can face multiple consecutive 924(c) sentences.
• Applying enhancements for different firearm uses – A defendant accused of brandishing a firearm in one incident and discharging it in another could receive separate mandatory minimums for each act.
• Pursuing second-offense enhancements even for unrelated past cases – If a defendant has a prior 924(c) conviction, a second offense automatically adds 25 years to life on top of their current sentence.

Because these tactics can dramatically increase a defendant’s prison exposure, it is critical to have a Charlotte federal firearms lawyer who understands how to fight these aggressive prosecution strategies.

Are There Any Ways to Reduce a Mandatory Minimum Under 924(c)?

While 18 U.S.C. § 924(c) imposes strict mandatory minimums, there are limited legal strategies that may help reduce sentencing:

• Challenging the underlying offense – If the prosecution cannot prove the underlying violent crime or drug trafficking offense, the 924(c) charge cannot stand.
• Questioning firearm possession – If the defendant did not actually or constructively possess the firearm, the charge may be dismissed.
• Negotiating plea agreements – In some cases, a plea deal may result in a lower charge that avoids 924(c) penalties.
• Arguing for retroactive sentencing relief – Some recent court rulings have limited the stacking of 924(c) charges, and defendants may be eligible for sentence reductions.

Because federal sentencing laws are so rigid, fighting a 924(c) charge requires an aggressive and strategic legal defense from the very beginning of the case.

Facing a Federal Firearm Charge? Don’t Wait to Secure an Experienced Lawyer

If you are facing charges under 18 U.S.C. § 924(c), you are looking at a mandatory minimum sentence with no chance of parole. Prosecutors will push for the harshest penalties possible, which is why you need an experienced federal defense team to fight back. The Olsinski Law Firm, PLLC aggressively defends clients in federal firearm cases, challenging weak evidence, disputing enhancements, and working to reduce sentencing exposure. A conviction under 924(c) can take away your freedom for decades. If you need a Charlotte federal firearms lawyer, contact the Olsinski Law Firm, PLLC today. Visit our website or call 704-405-2580 to learn more about how we can help.