Federal gun charges don't care about your story. Felon with a gun? 15 years minimum. Drug user with a gun? 10 years. Domestic violence conviction from decades ago? You're a prohibited person forever. Todd Spodek - the attorney Netflix chose for "Inventing Anna," featured on Fox News, Bloomberg, and CNN as a federal crime expert - knows these laws are broken. One mistake shouldn't cost you decades. We've beaten hundreds of federal gun cases, including cases everyone said were unwinnable.
Federal firearm possession charges under 18 USC § 922(g) are different from state gun charges. They're harsher, with mandatory minimums that judges can't ignore. They're broader - covering people who don't even know they're prohibited. And they're aggressive - federal prosecutors use these charges to pressure defendants in other cases.
The Armed Career Criminal Act (ACCA) makes it worse. If you have three prior "violent felonies" or "serious drug offenses," the mandatory minimum jumps from 0 to 15 years. The definitions are so broad that crimes you wouldn't think qualify - like fleeing police or minor drug sales - can trigger ACCA. We've seen clients face 15-year minimums for possessing a single bullet.
What makes these cases especially dangerous is how prosecutors prove them. They don't need to prove you fired the gun, carried it, or even knew it was there. Constructive possession - being near a gun you could access - is enough. Living in a house with a gun in the closet, riding in a car with a gun under the seat, being at a party where someone has a gun - all can lead to federal charges.
"Todd Spodek's innovative Second Amendment defenses are reshaping federal gun law" - Featured in Law360
Client faced 15-year mandatory minimum as armed career criminal. We proved prior convictions didn't qualify under recent Supreme Court decisions. Judge agreed, sentenced to probation. Case cited by CNN legal analysts.
Client charged with 20 others in federal gang/firearm case. Government claimed our client possessed guns found in shared apartment. We proved no connection to guns, exposed cooperator lies. Full acquittal. Featured in NY Post.
Client with 30-year-old non-violent felony charged with possession. We challenged constitutionality of lifetime ban for non-violent offenses. Judge agreed, dismissed charges. Bloomberg Law covered the precedent.
Recent Supreme Court decisions have opened new defenses. We challenge lifetime bans, argue Second Amendment rights, and attack the constitutionality of broad prohibitions.
Constructive possession requires knowledge and control. We prove you didn't know about the gun, couldn't access it, or that others had equal access, defeating the government's case.
Armed Career Criminal Act enhancements require specific prior convictions. We analyze every prior, challenge their classification, and use recent case law to avoid 15-year minimums.
Illegal searches, Miranda violations, and improper seizures plague gun cases. We file aggressive suppression motions that can gut the government's entire case.
Federal gun cases aren't like state cases. The prosecutors are more aggressive, the sentences are longer, and the judges have less discretion. Federal agents spend months building cases, using surveillance, informants, and sophisticated investigative techniques.
But federal prosecutors also have weaknesses. They rely heavily on cooperators who lie for reduced sentences. They overcharge to force pleas. They assume defendants will be too scared to fight. We exploit these weaknesses, expose the lies, and fight the overcharging.
Don't talk to federal agents. Don't consent to searches. Call us immediately: 212-300-5196
The most common federal gun charge. Any felony conviction - even non-violent ones from decades ago - triggers a lifetime firearm ban. We challenge old convictions, argue restoration of rights, and attack the possession element.
Current drug users - including marijuana users in legal states - are prohibited from possessing firearms. The government uses drug tests, admissions, and circumstantial evidence. This charge is increasingly challenged on constitutional grounds.
Domestic violence convictions - even misdemeanors - and active restraining orders trigger firearm bans. These cases often involve old convictions or orders that defendants didn't know prohibited gun possession.
Buying guns for prohibited persons or lying on purchase forms (ATF Form 4473) leads to federal charges. These cases often involve multiple defendants, conspiracy charges, and connections to other crimes.
When Netflix needed a lawyer who could handle the pressure of international media attention, they chose Todd Spodek. When Fox News needs expert commentary on federal gun laws, they call Todd. When Bloomberg wants analysis of Second Amendment cases, when CNN covers major federal raids, when the New York Post reports on gang prosecutions - they all turn to the same attorney.
But media attention means nothing if you can't win in court. Todd has defended hundreds of federal firearm cases across the country. He's argued Second Amendment challenges that changed precedent. He's cross-examined ATF agents until their cases fell apart. He's negotiated with prosecutors who thought they had slam-dunk cases and walked clients out with probation.
Leading constitutional challenges to federal gun laws
Not afraid to take cases to trial when prosecutors won't be reasonable
Licensed in federal courts across America
Federal gun sentences are calculated using complex guidelines that can turn a simple possession charge into decades in prison. Understanding these factors is critical to your defense.
Simple possession starts at level 14 (15-21 months for first offenders). But enhancements quickly multiply: prohibited person (+4 levels), stolen firearm (+2), altered serial number (+4), used in another felony (+4). A single gun can reach level 26 (63-78 months).
Three prior "violent felonies" or "serious drug offenses" trigger a 15-year mandatory minimum. The definitions are expansive - burglary, fleeing police, and small drug sales can qualify. We fight these enhancements aggressively, often saving clients decades.
Using or carrying a firearm during a crime of violence or drug crime adds mandatory consecutive time: 5 years for first count, 25 years for each additional. Multiple guns or crimes can stack to life sentences. We negotiate to avoid or minimize 924(c) charges.
Pleading guilty early can reduce sentences by 2-3 levels (roughly 30%). But timing matters - wait too long and you lose this reduction. We balance fighting the case with preserving this option, maximizing leverage while minimizing risk.
First-time, non-violent offenders may qualify for sentences below mandatory minimums through the "safety valve." Requirements are strict: no violence, minimal criminal history, truthful disclosure to prosecutors. We help clients qualify when possible, often cutting years off sentences.
Possibly. Constructive possession means you can be charged if you knew about the gun and had access to it. However, we can argue you didn't know it was there, couldn't access it, or that it belonged exclusively to someone else.
No. Federal law prohibits marijuana users from possessing firearms, even in states where it's legal. This conflict between state and federal law is being challenged in courts, but currently, you must choose between marijuana and guns.
Yes, federal law imposes a lifetime ban for most felony convictions. However, we can explore options like expungement, pardons, or constitutional challenges based on the non-violent nature and age of your conviction.
Never without an attorney. Federal agents are trained to get confessions and build cases through interrogation. Anything you say will be used against you. Exercise your right to remain silent and call us immediately.
It's difficult but possible. Options include presidential pardons, state rights restoration (which may not restore federal rights), expungement of underlying convictions, or constitutional challenges. We can evaluate your specific situation.
Every federal firearm case starts the same way - shock, fear, confusion. How can one gun mean 15 years? How can a decades-old conviction still matter? How can the government prove you even knew it was there?
Todd Spodek has answered these questions hundreds of times. He's stood beside clients as judges read "not guilty." He's negotiated probation when prosecutors wanted decades. He's changed precedent when the law seemed hopeless. The media attention proves his skill. The case results prove his success.
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