NATIONALLY RECOGNIZED FEDERAL LAWYERS
How serious is gun charge for felon
|Thanks for visiting Spodek Law Group. Our managing partner, Todd Spodek – a second-generation criminal defense attorney – leads a team with over 40 years of combined experience handling federal firearm cases that others won’t touch. We’ve represented clients in high-profile cases that captured national attention, like the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct matter, and countless federal prosecutions involving weapons charges. If you’re facing a felon in possession charge, you already know this is serious. What you need to understand is exactly how serious – and what can be done about it.
Federal Felon Firearm Charges Are as Serious as It Gets
A felon caught with a gun faces federal prosecution under 18 U.S.C. § 922(g). The standard maximum penalty is 10 years in federal prison and up to $250,000 in fines. That’s the ceiling. But what actually happens to defendants?
According to the U.S. Sentencing Commission data from fiscal year 2024, 97.7% of people convicted under section 922(g) were sentenced to prison. Not probation. Not home confinement. Prison. The average sentence was 71 months – that’s nearly six years behind bars. And that average has been climbing. In 2020, the average was 62 months. Federal judges are getting tougher on these cases, not more lenient.
Of the 61,678 federal cases sentenced in 2024, over 7,400 involved 922(g) violations. Most of those defendants – 90.4% – were charged specifically because of a prior felony conviction. Federal prosecutors love these cases. They’re straightforward to prove, they involve firearms which the government prioritizes, and they carry serious prison time. If you’re a convicted felon and the government can prove you possessed a gun, you’re looking at years in federal prison – that’s not a maybe, that’s the reality for almost everyone charged.
The Armed Career Criminal Act Changes Everything
Here’s where a bad situation becomes catastrophic. The Armed Career Criminal Act – ACCA for short – imposes a mandatory minimum sentence of 15 years in federal prison if you have three or more prior convictions for violent felonies or serious drug offenses. Fifteen years minimum. The judge has no discretion to go lower, even if they want to.
Under ACCA, violent felonies include burglary, robbery, assault, arson – and serious drug offenses mean trafficking-level convictions, not simple possession. When ACCA applies, the average sentence shoots up to 199 months. That’s over 16 years, compared to the 67-month average without ACCA.
Federal prosecutors actively look for ACCA predicates in your criminal history. They’ll dig through old state convictions from decades ago and argue for the enhancement. The Supreme Court has narrowed what counts as a violent felony – Johnson v. United States in 2015 created openings to challenge ACCA – but prosecutors still push these enhancements aggressively.
If you have multiple prior felonies on your record, ACCA is the single biggest threat you face. It transforms a 5-year sentence into a 15-year mandatory minimum.
Your Prior Criminal History Controls Your Sentence
Even without ACCA, your criminal history matters enormously. The United States Sentencing Guidelines assign you a Criminal History Category from I to VI based on your prior convictions – each previous sentence adds points, and more points mean longer prison time.
A defendant with no prior record at base offense level 14 faces 15 to 21 months. A defendant with extensive priors at the same offense level faces 41 to 51 months – nearly three times longer. That’s before enhancements for stolen firearms, possessing guns during other felonies, or having multiple weapons. These enhancements stack.
Federal judges can vary from the guidelines – they’re advisory after United States v. Booker – but most sentences stay within the range. Your criminal history and the specific facts of your gun possession dictate whether you’re looking at two years or eight years or more.
What Defenses Actually Work
Most 922(g) cases end in plea agreements – but smart defense work before trial can reduce your exposure significantly.
Possession can be challenged. Constructive possession cases – where the gun was in a car or house you had access to but wasn’t on you – create reasonable doubt. Multiple people had access? Gun in a common area? No fingerprints? If the evidence is thin, prosecutors might reduce the charge or dismiss rather than risk losing.
Prior convictions can be challenged. Some state convictions don’t meet the federal felony definition. Some guilty pleas were unconstitutional. Some convictions were expunged. Your lawyer should examine every prior conviction the government lists and research whether it legally qualifies. We’ve won dismissals by successfully arguing prior convictions don’t count.
Constitutional violations matter. Was the search lawful? Did police have probable cause? Valid warrant? Voluntary consent? If the gun was found during an illegal search, it gets suppressed – and without the gun, there’s no case. Fourth Amendment violations are common and can be grounds for dismissal.
ACCA predicates can be challenged too. Recent Supreme Court decisions narrowed what counts as a violent felony. Depending on when and where your prior convictions occurred, they might not qualify under current standards – but beating an ACCA enhancement means avoiding a 15-year mandatory minimum.
Cooperation with federal prosecutors can reduce sentences significantly. If you provide substantial assistance in other investigations, the government can file a motion under 18 U.S.C. § 3553(e) asking the judge to go below the mandatory minimum. For defendants facing ACCA, it’s sometimes the only way to avoid 15 years.
Why Federal Gun Charges Require Immediate Action
Federal gun cases aren’t state cases. There’s no parole in federal prison – you serve at least 85% of your sentence. A 10-year federal sentence means 8.5 years minimum behind bars. Federal prosecutors have conviction rates above 90% because they don’t bring weak cases, and by the time you’re indicted, they’ve already built an overwhelming case using the FBI, ATF, wiretaps, surveillance, and confidential informants.
The earlier your lawyer gets involved, the more options you have. Before indictment, a good federal defense attorney can sometimes convince prosecutors not to charge you federally. After indictment but before plea negotiations heat up, your lawyer can investigate defenses, file suppression motions, challenge enhancements. Wait until a week before sentencing, and you’ve lost most of your leverage.
At Spodek Law Group, we handle federal firearm cases from investigation through appeal. Todd Spodek has defended clients in federal court for many, many years – cases involving firearms, drugs, fraud, violent crimes – and understands how federal prosecutors build these cases and what judges care about at sentencing. We’ve represented clients in matters that made national headlines, cases other lawyers said were unwinnable.
Nearly everyone convicted under 922(g) goes to prison. The average sentence is 71 months, and if ACCA applies, you’re looking at 15 years mandatory minimum or more. But serious doesn’t mean hopeless. Constitutional defenses exist. Prior convictions can be challenged. ACCA enhancements can sometimes be defeated. Cooperation can reduce sentences.
If you’re under investigation or have been charged with being a felon in possession of a firearm, contact Spodek Law Group immediately. We’re available 24/7, we handle federal cases nationwide, and we have the experience and track record to handle the most serious weapons charges. Don’t wait until it’s too late to build a defense – reach out now while you still have options.