The statute reads as follows (18 U.S.C. § 924(c)(1)):

• (A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—(i) be sentenced to a term of imprisonment of not less than 5 years;(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.

To brandish a weapon means to show the weapon to someone else during the commission of the crime, and to discharge the weapon obviously means to shoot it. There are additional penalties for the use of a rifle, shotgun, silencer, machine gun or assault weapon

Typical crimes of violence alleged in 924(c) indictments include homicides and attempted homicides, robberies, burglaries, assaults, and menacing.

Sometimes in these cases, a group of people are indicted for possessing a firearm that was only physically possessed by one of the members of the criminal conspiracy. Technically, all of the members of the drug trafficking conspiracy or violent crime conspiracy could be charged with the possession of the firearm under 924(c) if they were aware that their co-conspirator possessed the weapon. This is a common issue that arises at trial or in plea negotiations. A savvy defense attorney has to do a careful review of the discovery materials to determine whether there is any wiretap evidence, for example, that suggests that a particular client knew about the weapon at issue.

Non-citizens charged with this crime obviously face deportation as a possible consequence. Those 924(c) defendants with a significant violent or drug-related criminal history could also be categorized as career offenders and be subject to potentially enormous penalties and prison sentences.

If you or a loved one have been charged with a violation of 18 USC § 924(c), you should strongly consider contacting The Law Office of Matthew Galluzzo. Mr. Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney who has successfully defended man individuals charged with this crime. Give him a call for a free case evaluation and a fair quote for his services.