ANNE ARUNDEL, CALVERT, CHARLES, ST. MARY’S & PRINCE GEORGE’S COUNTIES.
Firearm in a Crime of Violence Defense | Haskell & Dyer
This Charge Stacks a Mandatory Minimum on Top of Everything Else You're Facing.
Using or carrying a firearm during another offense adds a separate charge with a mandatory minimum that stacks on top of the underlying case. We attack both the firearm count and the case it is attached to.
If You're Facing This Charge
Say nothing. The firearm count changes everything.
A firearm charge under Section 4-204 carries a mandatory minimum that a judge cannot suspend, and it runs on top of the underlying offense. What you say about the gun can lock in both. Stay silent, ask for a lawyer, and call before you explain anything.
Two Cases at Once
The Firearm Count and the Underlying Charge
This charge does not stand alone. It attaches to another offense, and beating it means fighting on both fronts at the same time.
The Add-On
The Section 4-204 Count
Using or carrying a firearm in a crime of violence is its own charge under Section 4-204, with a mandatory minimum that stacks on top of the underlying case. The State has to prove the firearm was actually used or carried as the statute requires.
The Foundation
The Underlying Offense
The firearm count rides on an underlying crime of violence. If that case is weak, or if we can undercut it, the firearm charge attached to it can fall with it. We fight both, not just one.
What Triggers It
Common Underlying Crimes of Violence
The firearm enhancement attaches to a defined set of serious offenses. Whether the underlying charge qualifies is itself worth challenging.
Robbery and armed robbery
Assault in the first degree
Carjacking
Home invasion
Kidnapping
Certain sex offenses
Murder and attempted murder
Other defined crimes of violence
What's at Stake
A Mandatory Minimum That Stacks
The defining feature of this charge is a mandatory minimum that runs on top of whatever the underlying offense carries.
Mandatory
A minimum sentence the court cannot suspend
Stacked
Runs on top of the underlying charge
Felony
A serious felony record on conviction
Years
Substantial added prison exposure
How We Defend a Firearm in a Crime of Violence Charge
Because the firearm count rides on the underlying case, we attack both, along with how the firearm was found.
We Attack the Underlying Case
The firearm count depends on the underlying crime of violence. Undercut that, and the enhancement attached to it can fall with it.
We Challenge the Firearm Element
The State has to prove the firearm was actually used or carried as the statute requires. Whether it was, and whether it qualifies, is open to dispute.
We Move to Suppress
If the firearm was found through an unlawful stop or search, we move to exclude it, which can collapse the firearm count.
We Fight the Stacking
Avoiding the conviction that triggers the mandatory minimum is the priority. We work to break the link before it locks in.
Common Questions
Firearm in a Crime of Violence, Answered
What does it mean that the charge "stacks"?
It means the firearm charge is separate from the underlying offense and adds its own mandatory minimum on top, rather than being absorbed into the main case. So a robbery and a firearm count can each carry their own exposure. That stacking is what makes this charge so serious, and why beating the firearm count matters so much.
The gun was never fired. Does this still apply?
It can. The statute generally reaches using or carrying a firearm during a crime of violence, not just firing it. But the State still has to prove the firearm was used or carried in the way the law requires, and exactly what happened with the firearm is something we examine closely and often contest.
If I beat the underlying charge, what happens to the firearm count?
It often falls with it. Because the firearm count rides on an underlying crime of violence, weakening or defeating that underlying case can take the enhancement down too. That is exactly why we fight on both fronts at once rather than treating the firearm charge in isolation.
Can the mandatory minimum be avoided?
The way to deal with a mandatory minimum is usually to avoid the conviction that triggers it, by undercutting the firearm element, challenging the underlying charge, or suppressing an unlawful search. Once that conviction is in place the minimum constrains the court, so the work happens early, before it locks in.
Does it matter whether the offense counts as a "crime of violence"?
Very much. The enhancement only attaches to offenses that qualify as crimes of violence under the statute. Whether the underlying charge actually fits that definition is a real legal question, and if it does not, the firearm count built on it may not stand. We look hard at that classification.
Facing a Stacked Firearm Charge? We Fight Both Cases at Once.
The mandatory minimum makes the early strategy critical, and the firearm count is only as strong as the case it rides on. Tell us what happened and get an honest read on your defense. The first conversation is free and confidential.
Arrested or being questioned? Call our 24/7 line now: 240-687-0179
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC
Fax: 301-627-5848
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