§ 924(c) offenses

924(c) offenses carry mandatory minimum sentences.

A mandatory minimum sentence in the federal system is a legal provision that requires a court to impose a specific, minimum prison term upon conviction.

The length of the mandatory minimum sentence varies depending on factors like whether it's the first or subsequent § 924(c) offense, what type of § 924(c) offense it is, and whether a specific type of firearm is involved.

In our extensive experience defending crimes in federal court, here are some examples of what you can expect a mandatory minimum for a § 924(c) offense:

First, you cannot get a standalone § 924(c) charge. It must come in addition to another federal drug or violent crime charge. So for purposes of this example, let’s assume you are charged with federal robbery and the prosecutor also charges you with a § 924(c) because they claim you used a gun in connection to the robbery. Here’s how a § 924(c) works:

• Possession: If you just possessed the gun during the robbery, meaning it was in your pocket, but you didn’t pull it out, point it at anyone, or fire it, then you get what’s called the “possession enhancement” under § 924(c). That means that you will serve an additional 5-year mandatory sentence on top of any sentence you get from the robbery itself.

• Brandished: The next level up is if you brandished the gun during the robbery, meaning you pulled it out and maybe waved it around or pointed it at someone, then you get what’s called the “brandishing enhancement” under § 924(c). That means you will serve an additional 7-year mandatory sentence on top of any sentence you get from the robbery itself.

• Used: The final level is if you actually used the gun during the robbery, meaning not only did you pull it out, but you actually fired it. This can be at someone or up in the air, it doesn’t matter. If you do this, you get the “use enhancement” under § 924(c), which means you will serve an additional 10-year mandatory sentence on top of any sentence you get from the robbery itself.

Additionally, there are other potential enhancements if this isn’t your first time getting a § 924(c) or if you use certain types of guns that the federal government has designed as especially dangerous.

• Second or Subsequent Convictions: If a defendant has a previous § 924(c) conviction and is convicted of a second or subsequent 924(c) offense, the mandatory minimum sentences increase. A second § 924(c) conviction typically carries a mandatory minimum of 25 years, and a third or subsequent conviction can result in a mandatory minimum sentence of life imprisonment.

• Firearm Type: The use of certain types of firearms, such as machine guns or firearms equipped with silencers, can trigger longer mandatory minimum sentences. For example, the use of a machine gun in connection with a § 924(c) offense may result in a 30-year mandatory minimum sentence.

Again, it’s important to remember that § 924(c) offenses are enhancements that are attached to other crimes. Therefore, if you are found guilty of the underlying crime, you will also face the prison sentence of the original crime before you serve your § 924(c) sentence.

• Consecutive Sentences: If convicted, the sentences for § 924(c) charges must be served consecutively (i.e., in additionl to) to any other sentences imposed for the underlying federal crime. This can lead to a substantially longer total prison term. For example, if you are sentenced to 7 years for drug trafficking, and have a § 924(c) “possession enhancement,” you now face 12 total years in prison (7 for crime + 5 for enhancement).

• No Parole: Federal law does not provide for parole, so individuals convicted in federal court usually serve a minimum of 80% of their sentence.

What About the First Step Act?

The First Step Act, a federal criminal justice reform law passed in 2018, introduced several significant changes to federal sentencing and prison policies. The Act primarily focuses on reducing mandatory minimum sentences for certain non-violent drug offenses. Because the use of or possession of a firearm during a crime is thought to make the crime more “violent”, the First Step Act almost always does not apply to § 924(c) offenses. Here are some key points to consider: