16 May 23

Firearms Convictions Federal Appeals

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Understanding the Severity of Federal Firearm Convictions

Knowing the gravity of a federal firearm violation is essential when facing such a charge, as these serious offenses carry severe consequences and could have a lasting impact on your life. Federal firearm violations encompass a range of offenses, such as carrying firearms during violent acts or drug trafficking, illegal exportation of firearms, or participating in straw man firearm purchases.

The expert attorneys at Spodek Law Group comprehend the serious nature of these charges and are dedicated to aiding you in navigating the complexities of the legal system. Our skilled attorneys possess the knowledge and expertise to craft compelling appeals and present your case assertively and persuasively, fighting tirelessly for your rights every step of the way.

Offense Level Points – Enhancing Your Sentence

It is crucial to recognize that a federal firearm conviction can drastically amplify your sentence based on offense level points. Even a minor increase in offense level points—an addition of merely two points—can result in a significant difference in sentencing and time spent incarcerated. This is precisely why it is imperative to have an experienced attorney such as Todd Spodek on your side.

Harsh Consequences for Repeat Offenders

Individuals with prior federal firearm convictions face even harsher punishment, as enhanced penalties are applied to repeat offenders. For example, life imprisonment sentences are automatically imposed on those with previous convictions that involve silencers, mufflers, destructive devices, or machine guns, while other recidivists face a minimum of 25 years behind bars.

Mandatory Minimum Sentences for Drug Trafficking or Crimes of Violence

Carrying firearms during drug trafficking or acts of violence incurs mandatory minimum penalties. The minimum sentence is five years, which progressively increases based on factors such as how the gun was used during the commission of the crime, such as brandishing or discharging the weapon.

Conspiracy, Aiding, and Abetting

If you are found to have actively assisted someone in committing a federal firearm crime—through counseling or abetting—you may receive a sentence just as severe as the individual who ultimately committed the violation themselves. To prove this, a prosecutor must demonstrate that you intended to help the individual commit the firearm crime and had knowledge of the impending crime. Successfully navigating the complexities of this area of law necessitates an experienced attorney like Todd Spodek, who has the expertise required to defend your rights.

The Armed Career Criminal Act (ACCA)

Enacted by Congress in 1984, the ACCA was established to impose stricter punishments on habitual felons who employ firearms. An individual with three prior federal or state convictions involving drugs or violence will face a minimum sentence of 15 years. This act often significantly affects sentencing outcomes.

The Right to Appeal Your Conviction

Even after sentencing, you retain the right to appeal your conviction if any legal errors occurred during the trial, such as insufficient evidence, ineffective legal counsel, or illegal search and seizure in relation to firearm discovery, among other factors. These legal errors could potentially deprive you of your constitutional rights to due process.

The Importance of an Experienced Attorney in Federal Firearm Cases

Successfully defending against serious federal firearm charges demands the expertise of a knowledgeable and experienced legal professional who is adept at uncovering facts and discerning the truth within each unique case. At Spodek Law Group, we recognize the challenges associated with these types of cases and have the experience necessary to handle them effectively.

Entrust your case to Spodek Law Group and Attorney Todd Spodek, as we pride ourselves on exhibiting professionalism in every aspect of our work while maintaining a deep understanding of the laws governing firearm violations at both the state and federal level. Our primary goal is always to help our clients achieve the best possible outcome in their respective cases by providing exceptional representation from our team of skilled attorneys, including lead attorney Todd Spodek himself.

Firearms Convictions Federal Appeals

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