Prior Convictions Under 18 U.S.C. § 924

Highly Skilled Charlotte Federal Gun Crimes Lawyer Dedicated to Aggressively Advocating on Behalf of Clients

Federal firearm offenses are already serious, but when prior convictions are involved, the penalties can be drastically increased. 18 U.S.C. § 924 imposes severe sentencing enhancements for individuals with prior felony or drug convictions, particularly under provisions like the Armed Career Criminal Act (ACCA) and 924(c) firearm enhancements. Prosecutors aggressively pursue these enhancements, seeking the longest possible prison terms. If you have prior convictions and are now facing federal firearm charges, it is critical to understand how these laws apply to your case. The Charlotte federal gun crimes lawyers at the Olsinski Law Firm, PLLC have decades of experience defending clients in serious federal cases and can fight to challenge sentencing enhancements that could add years—or even decades—to your sentence.

How Prior Convictions Affect Federal Firearm Sentencing

Under 18 U.S.C. § 924, prior convictions can lead to enhanced sentencing in several ways. The most common enhancements occur when a person:

1. Has previous felony convictions and is found in possession of a firearm.
2. Has multiple prior convictions for violent felonies or serious drug offenses.
3. Uses a firearm during the commission of a violent crime or drug trafficking offense after prior convictions.

These enhancements are not discretionary—once a defendant’s prior record qualifies under federal law, the sentencing judge is often required to impose significantly longer prison terms.

The Armed Career Criminal Act (ACCA) and 18 U.S.C. § 924(e)

One of the most severe sentencing enhancements under federal firearm law is found in 18 U.S.C. § 924(e), known as the Armed Career Criminal Act (ACCA). This law significantly increases penalties for individuals convicted of firearm possession if they have three or more prior convictions for:

• Violent felonies, such as robbery, burglary, or aggravated assault.
• Serious drug offenses, such as large-scale drug distribution or trafficking.

Sentencing Under ACCA

• Without ACCA: A felon in possession of a firearm under 18 U.S.C. § 922(g) typically faces up to 10 years in prison.
• With ACCA: If the defendant has three qualifying prior convictions, the sentence increases to a mandatory minimum of 15 years, with a maximum of life in prison.

ACCA sentencing applies even if the prior convictions happened years ago and even if the defendant already served time for those offenses.

Sentencing Enhancements Under 18 U.S.C. § 924(c)

In addition to increasing penalties for those with prior convictions, 18 U.S.C. § 924(c) imposes mandatory minimum sentences for anyone who uses, carries, or possesses a firearm during the commission of a violent crime or drug trafficking offense. The severity of the sentence depends on how the firearm was used in the crime:

• Possession of a firearm: Mandatory minimum of 5 years, up to life in prison depending on other factors.
• Brandishing a firearm: Mandatory minimum of 7 years.
• Discharging a firearm: Mandatory minimum of 10 years.
• Possession of a short-barreled rifle or shotgun: Mandatory minimum of 10 years.
• Possession of a machine gun or destructive device: Mandatory minimum of 30 years.
• Second or subsequent offense under 924(c): Mandatory additional 25 years to life, served consecutively to any other sentence.

A prior conviction is not required for a defendant to receive one of these mandatory sentences. However, for individuals who have already been convicted under 924(c) in a previous case, a second conviction automatically results in an additional 25-year sentence—even if the prior firearm charge was unrelated to the current offense. Because these sentences must be served consecutively, a second 924(c) conviction can easily result in decades or life in federal prison.

How Prosecutors Use Prior Convictions to Secure Longer Sentences

Federal prosecutors aggressively stack prior convictions to maximize the exposure defendants face. They do this by:

• Applying ACCA enhancements whenever possible to impose mandatory 15-year minimums.
• Charging defendants under § 924(c) to add consecutive prison terms.
• Using past convictions to argue for higher sentencing guideline ranges.
• Pushing for multiple firearm charges in a single case to trigger mandatory sentencing enhancements.

This prosecutorial strategy often leads to defendants receiving significantly longer sentences than they expected—sometimes facing decades in federal prison for a case that, without prior convictions, may have resulted in much less time.

Challenging Prior Conviction Enhancements

Even when prosecutors push for enhanced sentencing based on prior convictions, it may be possible to challenge these enhancements under certain circumstances. Potential defense strategies include:

• Arguing that prior convictions do not meet ACCA requirements, as not all felonies qualify as “violent” or “serious drug offenses” under federal law.
• Challenging how prior convictions were obtained, such as cases involving ineffective assistance of counsel or constitutional violations.
• Demonstrating that prior convictions are too old to be relevant, as some courts may consider remoteness in time as a factor in sentencing.
• Negotiating plea agreements that avoid sentencing enhancements.

A Charlotte federal firearms lawyer can review your case to determine if your prior convictions truly qualify for sentencing enhancements under 18 U.S.C. § 924 and whether any legal arguments exist to challenge the prosecution’s claims.

Facing Federal Firearm Charges with Prior Convictions? The Olsinski Law Firm Has Your Back

A prior conviction does not automatically mean you will receive the maximum sentence, but fighting these cases requires an aggressive defense strategy. The Olsinski Law Firm, PLLC knows how to challenge ACCA enhancements, 924(c) charges, and prosecutorial tactics aimed at increasing sentencing. If you are facing federal firearm charges with prior convictions, you need a Charlotte federal firearms lawyer who understands how to defend these complex cases.

Don’t wait until sentencing to fight back. Contact the Olsinski Law Firm, PLLC today to discuss your defense options. Visit our website or call 704-405-2580 to learn more about how we can help.