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If you or someone you know is facing a charge under 18 U.S.C. § 924(c) for possession of a firearm in furtherance of a drug trafficking offense, you are dealing with a serious federal criminal charge.
What Is 18 U.S.C. § 924(c)?
Under 18 U.S.C. § 924(c), it is illegal for an individual to possess a firearm in furtherance of a drug trafficking offense. In simpler terms, if you are involved in the unlawful sale, distribution, or manufacturing of drugs, and you possess a firearm that's connected to that activity, you could be charged under this federal statute.
This law applies whether you use the firearm for protection during the drug transaction, are involved in trafficking activities, or are simply found in possession while committing a drug-related crime. Even if the gun was not used or brandished, merely possessing a weapon with the intent to facilitate or further a drug crime can result in severe charges.
How Does 18 U.S.C. § 924(c) Apply?
Carrying a firearm during drug trafficking: If you are transporting drugs and possess a firearm during the operation.
Possessing a firearm while conducting drug sales: Using the weapon as a means of protection, intimidation, or to facilitate the drug transaction.
Possession of firearms in drug-related locations: If law enforcement discovers firearms in places where drug trafficking is taking place, such as stash houses or vehicles used for drug distribution.
Even if you do not discharge the firearm, the mere possession of a weapon during a drug trafficking offense can lead to federal charges under 18 U.S.C. § 924(c).
Arizona State Laws to Consider
In addition to federal charges, Arizona state laws may come into play if the drug trafficking offense or firearm possession is occurring within the state. Arizona has strict gun laws that can also carry penalties for illegal possession, transportation, and sale of firearms, especially if the firearm is used in connection with other criminal activity. For example:
A.R.S. § 13-3102: This law criminalizes the illegal possession of firearms and other weapons, which could be used in combination with drug trafficking activities, leading to charges under both federal and state laws.
Drug Trafficking Charges: Arizona's drug laws, particularly under A.R.S. § 13-3408, could enhance penalties if a firearm is involved in the commission of a drug offense.
Penalties for Possession of a Firearm in Furtherance of a Drug Trafficking Offense
Mandatory minimum sentence: 5 years in federal prison for the first offense. If the firearm is discharged, the sentence increases to 10 years.
Enhanced penalties: Prior convictions for drug or firearm offenses may lead to longer sentences.
No parole: Sentences under 18 U.S.C. § 924(c) must be served in full.
If your case involves violence or large-scale drug trafficking, your penalties may be even more severe.
Possible Defenses Against 18 U.S.C. § 924(c) Charges
Lack of knowledge or intent: If you were unaware of the firearm's presence or did not intend to use it in connection with drug trafficking.
Unlawful search and seizure: If law enforcement violated your constitutional rights during the arrest or search, evidence may be inadmissible.
Insufficient evidence of connection: Prosecutors must prove the firearm was directly linked to the drug trafficking activity.
Why Choose Brandon White for Your Defense?
At The Law Offices of Brandon White, we understand the complexity and severity of federal charges like those under 18 U.S.C. § 924(c). As one of the few Arizona law firms experienced in handling both state and federal criminal defense, we are uniquely equipped to tackle these cases with the expertise they require.
With over 20 years of legal experience, we've successfully defended clients against serious federal and state criminal charges, using aggressive and strategic defense tactics. Our team is committed to:
Thoroughly investigating your case and challenging the evidence against you.
Negotiating with prosecutors to reduce charges or seek alternative resolutions.
Providing aggressive representation in federal court to protect your rights and secure the best possible outcome.
In 2023, 2,864 people were sentenced to prison under 18 U.S.C. § 924(c). Our goal is to eliminate or minimize the potential penalties you or your loved one receive.
Contact Us Today for a Free Consultation
A charge like 18 U.S.C. § 924(c) can be overwhelming, but you don't have to navigate it alone. The Law Offices of Brandon White are here to fight for your rights. Contact us today for a free consultation and take the first step toward defending your future.
Understanding Federal Drug Trafficking Laws
Under 21 U.S.C. § 841, it is illegal to manufacture, distribute, or possess with intent to distributea controlled substance. The quantity of the drugs, the type of substance, and prior criminalhistory all play a role in determining sentencing.
The federal government does not require proof that a sale took place. If prosecutors can showthat you had large quantities of a controlled substance or drug-packaging materials, they canpursue trafficking charges.
Common Drug Trafficking Charges Include:
Possession with intent to distribute
Manufacturing a controlled substance
Conspiracy to distribute drugs
Importation of drugs across state or international borders
Operating or owning property used for drug manufacturing or trafficking Even first-time offenders face mandatory minimum sentences if convicted under federal drug laws.
Federal Drug Trafficking Penalties
Federal sentencing for drug trafficking is harsh, with mandatory minimums based on the typeand quantity of drugs involved.
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