Under the Second Amendment of the U.S. Constitution, you have the right to bear arms, but it is critical to comply with both state and federal gun laws. Violating these laws can lead to serious federal gun charges with severe penalties. In Albuquerque, billboards posted by the FBI highlight the agency’s commitment to prosecuting firearm offenses, reading: “Gun Crime equals Federal Time. No parole.” As Special Agent in Charge Raul Bujanda explained, “This is not a slogan – it’s a promise.”
With New Mexico law enforcement and federal authorities taking gun and firearm charges extremely seriously, it is more important than ever to have experienced legal protection. If you are facing federal gun charges in Albuquerque or elsewhere in New Mexico, the attorneys at Harrison & Hart, LLC can provide a confidential case review and guide you through every step of the legal process. Contact our team today to protect your rights and your future.
What are Federal Firearms Charges?
There are multiple federal gun charges that you could be facing. However, under 18 USC 924 and 18 USC 922, it is against the law to buy, sell, possess, or otherwise use firearms when transported or sold across state lines. Common types of federal firearms charges include:
Individuals can face gun and firearm charges at both the state and federal levels, but there are important differences that affect potential penalties and legal strategy.
Firearm charges can be escalated from state to federal level under certain circumstances. This may occur when multiple firearms are involved, guns are transported across state lines, or other aggravating factors are present. Understanding this distinction is critical to protecting your rights and planning a strong defense.
Cases tried in federal court often carry significantly harsher consequences. Convictions for federal gun charges can result in longer federal prison sentences and higher fines than comparable state charges. Being aware of these potential penalties helps you make informed decisions with your attorney.
It is essential to know whether your case will be handled at the state or federal level to fully understand the potential legal consequences. If you are uncertain about your situation, contact a firearm charge attorney in New Mexico. A skilled attorney can explain your charges, clarify potential penalties, and guide you through the defense process.
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Penalties & Defenses
Convictions for federal gun crimes and firearm charges carry serious consequences that vary depending on the specific offense. Understanding the potential penalties can help you work with a federal firearms attorney in New Mexico to develop an effective defense strategy.
If convicted of selling a firearm without a license, you could face up to five years in federal prison. This charge often arises when individuals attempt to sell firearms outside regulated channels, making legal guidance essential.
The sale of an illegal firearm can result in up to ten years in federal prison. Our attorneys evaluate the circumstances of the sale, challenge evidence, and explore potential defenses to reduce or dismiss the charges.
Providing false information during a gun purchase can lead to up to ten years in federal prison. Federal prosecutors take these violations seriously, and having experienced defense counsel is critical to protecting your rights.
Illegal possession of a firearm carries penalties of up to ten years in federal prison. Our attorneys can challenge the circumstances of possession and ensure that any evidence against you was obtained legally.
Being convicted of possessing a firearm in a school zone can add an additional five years to your sentence. This law is strictly enforced to protect children, making expert legal representation essential.
If a convicted felon possesses a firearm, the federal penalty can reach up to ten years in prison. Our attorneys investigate prior convictions and work to identify potential defenses to reduce or avoid the maximum sentence.
Using or possessing a firearm during another federal offense can lead to up to five additional years in federal prison, which may be served consecutively to other sentences. We carefully analyze these charges and challenge the government’s evidence to protect your future.
It’s important to note that federal sentences may not run concurrently, meaning you could face a significantly longer prison term if convicted of multiple firearm offenses. A skilled New Mexico federal gun charges attorney can advocate for reduced or concurrent sentences when possible.
It should be noted that when facing federal firearms charges, the sentence you face may be prohibited from running concurrently. You could expect to spend considerably longer in federal prison if you are guilty of federal firearm laws.
Federal gun charges are some of the most severe criminal offenses you could face. Fortunately, there are several defenses you could use to challenge the charges against you.
One of the most common defenses is arguing that constitutional rights were violated. If the police lacked a search warrant and conducted an unlawful search and seizure, the charges against you could be reduced or dismissed entirely.
This is because law enforcement has no right to search or seize a weapon unless they have a valid search warrant, or the firearm is considered “in plain view.”
You might also argue that you were acting in self-defense. However, your federal attorney will need to show that you had a reasonable belief that you or someone else was at imminent risk of severe bodily injury or death and that you only used a fair amount of force to protect yourself or someone else from this imminent risk of severe bodily injury or death.
The prosecutor must prove guilt beyond a reasonable doubt to convict you. Your attorney will be tasked with introducing that reasonable doubt in the minds of the jury and judge so you can obtain a favorable outcome in your case.
Explore your defense options further when you contact your federal firearms attorney to discuss the circumstances of your case.
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Turn to Harrison & Hart
Gun charges and firearm crimes can quickly become federal offenses. Our federal gun charge lawyers at Harrison & Hart, LLC have the experience, knowledge, and compassion you need to clear your name of the charges against you.
Start working on your federal defense strategy as soon as possible. We are ready to hear your case and help you challenge the charges against you at trial. Use our quick contact form or call (505) 295-3261 to learn more about what options may be available to you.
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From our office in Albuquerque, Harrison & Hart, LLC serves clients throughout New Mexico. We are focused on getting you the best outcome possible in the harshest of situations.
