A drug charge is serious, but adding a firearm to the equation changes the nature of the case entirely. Under the U.S. Code, the mere presence of a gun during a drug trafficking crime triggers mandatory minimum sentences that can easily turn a few years of prison into several decades.
Defendants and their families must understand the charge because it falls outside standard sentencing guidelines, as these are not flexible ranges. They are minimum sentences set by law that a judge must apply.
The “stacking” effect: consecutive vs. concurrent
In federal court, a major impact of a firearm enhancement is that the sentence must be consecutive, often called “stacking.” In many state cases, sentences for different crimes often run concurrently, meaning at the same time.
But a conviction must be served after the sentence for the related drug charge. For example: If someone gets 5 years for drug distribution and is also convicted under 924(c), they must serve the 5-year firearm sentence after the first 5 years. The sentences do not overlap. The gun sentence starts only when the drug sentence ends.
The possession of a firearm standard
Many people think someone must use a gun or point it at someone to be charged. That is not always true. Prosecutors only need to prove the firearm was possessed at the same time as a drug offense. This means the government can claim the gun was there to protect the drugs, protect the cash, or give the defendant more confidence to deal drugs, amongst other argument.
For instance, if a gun is found in the same home as a large amount of drugs for sale (even if it is in a safe or under a mattress) federal prosecutors in Richmond often argue it helped the drug operation.
Mandatory minimums: what is at stake?
The penalties under 924(c) increase based on how the firearm was involved:
- Possession: 5-year mandatory minimum
- Brandishing (showing the gun): 7-year mandatory minimum
- Discharging (firing the gun): 10-year mandatory minimum
Defending against a 924(c) charge requires more than just arguing the drugs weren’t yours. A skilled lawyer can question the link between the firearm and the alleged drug activity. Consult with them to review your options.