Criminal Defense AttorneySt Mary's CountyThe Law Offices of Haskell & DyerWeapon ChargesThe Sentence That Runs Consecutive: Section 4-204 Firearm Enhancement Defense in St. Mary’s County

Section 4-204 is the structural backbone of Maryland’s approach to firearm-involved violent crime. The statute does not stand alone; it attaches to a list of qualifying underlying offenses and adds a separate count to the charging document. Defendants in St. Mary’s County facing § 4-204 enhancements often see the headline charge (first degree assault, armed robbery) but underestimate the importance of the enhancement count itself, which sometimes carries more total time than the underlying offense.

This article walks through how § 4-204 works, the qualifying underlying offenses, the elements the State must prove, and the defenses that operate against the enhancement. For the broader Maryland weapons framework, see our complete St. Mary’s County weapon crimes defense guide.

The Statute and the Penalty Structure

Section 4-204(b) prohibits a person from using a firearm in the commission of a crime of violence or any felony. The penalty under subsection (c) is a sentence of imprisonment for not less than five years and not exceeding twenty years. The first five years are a mandatory minimum that may not be suspended below the floor and that must be served before parole eligibility on the underlying sentence begins. Subsequent offenses under § 4-204 carry escalated mandatory minimums.

The sentence runs consecutively to the underlying sentence, not concurrently. A defendant convicted of first degree assault (with a maximum of twenty five years) plus § 4-204 (with a five to twenty year range) faces a total exposure that combines both: theoretically up to forty five years if the maximums on both run consecutively. In practice, plea negotiations and court sentencing rarely reach the statutory maximums, but the consecutive structure means a defendant who pleads to the underlying offense without addressing the § 4-204 enhancement may end up serving substantially more time than expected.

The Qualifying Underlying Offenses

The list of qualifying offenses under § 4-204 is defined by reference to the “crime of violence” definition in Public Safety Article § 5-101 and includes additional felonies. The most commonly charged trigger offenses in St. Mary’s County are first degree assault under Criminal Law § 3-202, armed robbery, carjacking, kidnapping, voluntary manslaughter, first degree burglary, and certain sexual offenses. Use of a firearm in connection with any of these offenses can support a § 4-204 enhancement.

Second degree assault under § 3-203(a) is generally not a qualifying underlying offense for purposes of § 4-204. The felony version of second degree assault under § 3-203(c) (assault on law enforcement causing physical injury) can qualify in certain circumstances depending on the specific facts. Reckless endangerment under § 3-204 is generally not a § 4-204 trigger.

The list expands as the General Assembly amends the underlying definitions. Cases involving offenses that were not § 4-204 triggers at one time may become triggers if the legislature reclassifies the underlying offense, and counsel reviews the current statutory state when evaluating exposure.

The Use Element

Section 4-204 requires that the firearm be “used” in the commission of the underlying offense. Maryland courts have read “use” to mean more than mere possession. The firearm must have been used in a way that furthered the underlying crime: pointed at a victim, displayed in a way that produced apprehension, brandished as a threat, or fired. A defendant who carried a firearm during the commission of an offense but did not use it in any way that furthered the offense generally does not satisfy the use element.

The line between “had” and “used” is the most important defense question in § 4-204 cases. A defendant who committed an underlying offense while having a firearm in a holster, in a backpack, or in a vehicle, without ever displaying or referencing it during the offense, may not have “used” the firearm within the statutory meaning. Counsel reviews the witness accounts, the body camera footage, the surveillance video, and the physical evidence carefully to identify whether the use element can be proven.

The State’s proof on use is often inferential. Witness statements that the victim “saw” the firearm, that the firearm was “in the defendant’s hand,” or that the defendant “threatened” the victim with the firearm all support use. Statements that the firearm was “in the car” or “tucked in the waistband but not visible” sometimes do not. Cross-examination on the specifics of what the witness actually observed is central.

Defense Strategy

Defense in § 4-204 cases follows several patterns. First, attack the underlying offense. If the State cannot prove the underlying crime of violence, the § 4-204 enhancement falls automatically. Defenses to the underlying offense (self defense, alibi, mistaken identity, insufficient evidence) take down the enhancement at the same time.

Second, attack the use element. Even when the underlying offense is provable, a defense theory that the firearm was possessed but not used can sometimes drop the case from a stacked sentence to the underlying count alone. The plea negotiation calculus changes dramatically when the use element is in dispute, because the State faces real risk on the enhancement count if it goes to trial.

Third, structure the negotiation to avoid the § 4-204 count. Plea offers that resolve the underlying offense while dropping the § 4-204 count are often available, particularly when the State’s evidence on use is weaker than its evidence on the underlying crime. The mandatory minimum on § 4-204 cannot be suspended, but a plea that does not include the count avoids the floor entirely.

First Degree Assault and § 4-204 Together

The most common stacked case in St. Mary’s County combines first degree assault under Criminal Law § 3-202 with the § 4-204 enhancement. First degree assault carries up to twenty five years on its own. The § 4-204 add adds five to twenty years more. A defendant convicted on both can face a total sentence approaching forty five years.

The defense strategies discussed in our first degree assault and firearm charges article apply here. The injury element of § 3-202 (when the State proceeds under the serious physical injury route) and the firearm element (under the alternative route) both interact with the § 4-204 use question. A defendant who used a firearm in a manner that satisfies the firearm route of § 3-202 has often also satisfied the use element of § 4-204, and the two theories converge.

Related Reading

• From the Hunting Stand to the Glove Compartment: The Complete St. Mary’s County Weapon Crimes Defense Guide
• First Degree Assault and Firearm Charges in St. Mary’s County
• Calvert County Weapons Charges Defense Guide

References