NATIONALLY RECOGNIZED FEDERAL LAWYERS
How much jail time for felon with gun
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling federal firearms cases, including many, many cases prosecutors said couldn’t be won. You’re probably here because you or someone you know got arrested on a felon in possession charge – and you want to know how much time you’re actually facing. Todd represented Anna Delvey in the Netflix series case, handled the Ghislaine Maxwell juror misconduct matter, and we’ve defended hundreds of federal gun cases. If you’re facing 18 U.S.C. § 922(g) charges, understanding the sentencing range isn’t optional.
The short answer: anywhere from probation to life in prison. But that’s not helpful. What you really need to know is where your case falls on that spectrum – and that depends almost entirely on your criminal history.
The Statutory Maximum Doesn’t Tell You Anything
Federal law says felon in possession of a firearm carries up to 10 years in prison. Prosecutors love quoting that number during proffer sessions because it scares people into cooperating. The reality is more complicated, more specific to you.
In 2024, federal courts sentenced 7,419 defendants under Section 922(g). The average sentence was 71 months – that’s just under six years. But averages hide everything that matters. Some defendants walked out with time served. Others got 15 years mandatory minimum or more under the Armed Career Criminal Act.
97.7% of people convicted under 922(g) go to prison. If you’re hoping for probation, you need an exceptional case – first-time offender, minimal criminal history, strong mitigation. We’ve seen it happen, but don’t count on it.
Criminal History Is Everything
Federal sentencing works through a calculation. Probation officers prepare a presentence report that assigns you a criminal history category from I to VI. Category I means minimal or no criminal history. Category VI means you’ve been convicted multiple times, served significant prison sentences, or committed new crimes while on supervision.
The difference between Category I and Category VI in a 922(g) case can be four or five years of additional prison time. Sometimes more. In the 2024 data, 23.6% of defendants fell into Category VI – the worst category. Only 8.6% qualified for Category I.
Federal judges use the sentencing table to cross-reference your offense level with your criminal history category. For a basic 922(g) case, the base offense level starts low. But enhancements stack quickly. If you possessed a stolen firearm, that’s additional levels. If you had the gun during another felony offense, more levels. If you have prior felonies involving firearms or violent crimes, the guideline range climbs.
Let’s say you’re a Category III with a final offense level of 20 after all enhancements. The guideline range is 41-51 months. If you’re Category VI with the same offense level, the range jumps to 70-87 months. Same conduct, different history, nearly double the prison time.
The ACCA Trap – When 15 Years Becomes the Floor
18 U.S.C. § 924(e) is the Armed Career Criminal Act. If you have three prior convictions for violent felonies or serious drug offenses, ACCA requires a 15-year mandatory minimum sentence. Not a guideline – a floor the judge can’t go below even if they want to.
Only 2.6% of 922(g) defendants in 2024 got sentenced under ACCA, but those cases are devastating. Fifteen years minimum with potential for life imprisonment depending on the judge’s calculation.
What counts as a violent felony? Robbery counts. Burglary sometimes counts, depending on the state statute. Crimes with a mens rea of recklessness don’t count after Borden v. United States in 2021. If your prior convictions happened on the same occasion, they might count as only one conviction for ACCA purposes after Wooden v. United States in 2022.
In June 2024, the Supreme Court decided Erlinger v. United States. Now the government has to prove to a jury beyond a reasonable doubt that your prior offenses qualify under ACCA. This creates new avenues to challenge ACCA designations – but you need a lawyer who knows how to litigate these issues before trial.
We’ve successfully challenged ACCA enhancements by arguing prior state convictions don’t meet the federal definition of violent felony. Not something you figure out from a jail cell.
Variances – Your Best Shot at Less Time
38.8% of 922(g) sentences in 2024 were variances from the guideline range. That means more than one in three defendants got sentenced either above or below what the guidelines recommended – mostly below.
Judges grant downward variances for reasons. Substantial assistance to the government investigating other crimes. Acceptance of responsibility – pleading guilty early, showing genuine remorse, not minimizing your conduct. Extraordinary family circumstances. Serious health conditions. Age. Lack of violence in your criminal history despite the category calculation.
But here’s what doesn’t work: telling the judge you needed the gun for protection. Explaining you didn’t know you weren’t allowed to have a firearm as a felon. Claiming the gun belonged to someone else when it was found in your car. Federal judges hear these arguments every week, they don’t move the needle.
What does work is a comprehensive sentencing memorandum that presents you as a complete person, not just a criminal history category. Letters from employers, family members, community leaders. Documentation of rehabilitation efforts – education, vocational training, substance abuse treatment. A realistic plan for reentry. Evidence that your prior convictions don’t reflect who you are now.
Getting acceptance of responsibility is worth a 2-3 level reduction off your offense level. That can mean the difference between 51 months and 37 months. But you don’t get it automatically by pleading guilty – the plea has to be early enough, sincere enough. We’ve seen defendants lose it by minimizing their conduct during the plea colloquy or failing to disclose relevant facts.
Why the Presentence Report Determines Everything
Once you’re arrested, the clock starts. Most defendants don’t realize the presentence investigation happens after conviction but before sentencing – and by the time probation finishes writing the PSR, your guideline range is essentially locked unless you object effectively.
Probation officers calculate your criminal history, determine offense levels, apply enhancements, recommend a guideline range. If the PSR says you’re Category VI with ACCA exposure, you’re fighting uphill. Judges adopt PSR recommendations in the majority of cases.
That’s why we start preparing for sentencing the day you hire us. We gather mitigation evidence, identify errors in criminal history scoring, research whether prior convictions actually qualify, prepare objections before the PSR is finalized. Once that report is distributed, corrections are difficult.
At Spodek Law Group, we’ve handled 922(g) cases in federal courts from the Southern District of New York to districts across the country. We’ve gotten clients below-guideline sentences in cases where prosecutors insisted the guidelines were mandatory. We’ve successfully challenged ACCA designations that would have meant 15-year minimums. We’ve negotiated cooperation agreements that resulted in 5K motions for substantial assistance – sometimes cutting recommended sentences in half.
If you’re facing felon in possession charges, the time to act is now – before the presentence report gets written, before your opportunities narrow. Federal sentencing is technical, it’s complicated, it’s unforgiving. But it’s not random, and it’s not hopeless. The outcome depends on the quality of your defense.