Tampa Section 924(c) Firearm Charge Lawyer

Federal firearm defense from a board certified criminal trial lawyer with over 60 cases tried to verdict in Tampa.

If a federal prosecutor has added a Section 924(c) firearm charge to your case, our attorney is here to help you. This is the charge the government uses to add mandatory prison time, served consecutively, when a gun is connected to a drug trafficking crime or a crime of violence. The added sentence cannot be reduced by a judge, and it runs on top of whatever punishment the underlying offense carries. A single 924(c) count can double or triple your total prison exposure. Our Tampa, FL 924(c) firearm charge lawyer at StechLaw Criminal Defense defends clients facing these charges in federal court. Schedule a free, confidential consultation.

Section 924(c) Firearm Charge Lawyer Tampa, FL

A Section 924(c) charge applies when the government alleges that a defendant used, carried, brandished, or possessed a firearm during and in relation to a drug trafficking crime or a crime of violence. It is not a standalone offense. It always attaches to another federal charge, and the penalty it adds is mandatory and consecutive.

What makes 924(c) so consequential is the sentencing structure. The mandatory minimums start at five years and climb from there depending on how the firearm was involved. A gun found in the same room as drugs can trigger this charge. So can a weapon in a car during a controlled buy. A 924(c) firearm charge attorney in Tampa, FL focuses on separating the gun from the underlying offense and challenging the government’s theory of connection.

Types of Section 924(c) Firearm Cases We Handle in Tampa

Section 924(c) charges arise whenever the government links a firearm to a qualifying federal offense. The circumstances vary, but the mandatory penalties do not. Below are the types of 924(c) and related federal gun crimes cases our Tampa practice handles.

• Firearm possession during drug trafficking. The most common 924(c) scenario. A gun found near drugs, in the same vehicle, or in a residence where drugs are stored can support a charge that you possessed the weapon in furtherance of drug trafficking. The mandatory minimum is five years, served consecutive to the drug sentence. We challenge the connection between the firearm and the alleged federal drug offense and argue that proximity alone does not prove furtherance.
• Firearm used during a crime of violence. Section 924(c) also applies when a firearm is connected to a robbery, assault, or other violent federal offense. The definition of “crime of violence” has been the subject of significant legal challenges, and not every offense the government calls violent actually qualifies. We examine whether the underlying charge meets the legal standard.
• Brandishing a firearm. If the government can prove you displayed or made known the presence of a firearm during the offense, the mandatory minimum increases to seven years. The distinction between carrying and brandishing can turn on seconds. We scrutinize the evidence the government relies on to prove this specific allegation.
• Discharge of a firearm. Firing a weapon during a drug trafficking crime or crime of violence triggers a mandatory minimum of 10 years. We defend clients facing discharge allegations and challenge the government’s evidence on who fired the weapon, when, and under what circumstances.
• Machine gun or conversion device during a federal offense. When the firearm involved is a machine gun or a Glock switch, the mandatory minimum jumps to 30 years. That is not a typo. Thirty years, served consecutive to the underlying sentence. We handle these cases with the urgency the penalties demand.
• Multiple 924(c) counts. The government can charge more than one 924(c) count in the same case, and the sentences stack. Federal law was amended in 2018 to require that a second 924(c) conviction follow a prior 924(c) conviction, rather than simply appearing in the same indictment. That change reduced some of the most extreme outcomes, but multiple counts still produce devastating sentences. We analyze whether the government’s stacking theory holds up.

Why Choose StechLaw Criminal Defense as my Section 924(c) Firearm Charge Lawyer in Tampa, FL?

Experienced Federal Defense Counsel

A Stetson University College of Law graduate, Ben Stechschulte has practiced criminal defense in the Tampa Bay area for over 15 years. He earned board certification in criminal trial law from The Florida Bar after trying more than 60 cases to verdict, a record of courtroom work that few Florida defense attorneys can match. Super Lawyers recognized him as a Rising Star in 2015.

Why 924(c) Cases Demand Focused Representation

A Section 924(c) charge is one of the most powerful tools in a federal prosecutor’s arsenal. The mandatory minimums are severe, judges have almost no discretion to go below them, and the sentences run consecutive to everything else. That is why the defense has to start with the connection between the gun and the underlying crime. If the firearm was not used in furtherance of the offense, or if the underlying offense does not qualify, the 924(c) count should not stand. As a federal gun crimes attorney in Tampa, our firm focuses on identifying and attacking those weaknesses. We have achieved favorable results for clients facing federal firearm penalties tied to drug and violent crime cases, and we apply that same preparation to every 924(c) prosecution.

What Is Important To Understand About Section 924(c) Firearm Cases?

Section 924(c) cases carry some of the longest mandatory sentences in the federal system. Understanding how these charges work is critical to making informed decisions about your defense.

Charges, Penalties, and Defense Strategies for Section 924(c) Cases

The mandatory minimums for a Section 924(c) conviction are set by the level of firearm involvement. Possessing or carrying a firearm during a qualifying offense triggers a five-year mandatory consecutive sentence. Brandishing raises that to seven years. Discharging the weapon raises it to 10. If the weapon is a machine gun, destructive device, or silencer, the mandatory minimum is 30 years. None of these sentences can run concurrently with the underlying charge.

Defense strategy in 924(c) cases centers on one question: was the gun actually connected to the underlying offense? A firearm in a nightstand three rooms from where drugs were stored is different from a loaded weapon next to a scale and packaging material. We focus on the facts that break the government’s theory of furtherance.

We also challenge the underlying offense. If the drug charge or violence charge falls, the 924(c) count falls with it. In cases involving “crime of violence” allegations, recent federal court decisions have narrowed what qualifies. Some offenses that prosecutors previously treated as qualifying predicates no longer meet the standard. A criminal defense lawyer handling a 924(c) case needs to understand both gun law and the law governing the predicate offense.

What Are Some Important Aspects of a Section 924(c) Case?

Several factors consistently shape these prosecutions.

The government’s proof of “in furtherance” is the central battleground. Proximity between a gun and drugs is not enough on its own, though prosecutors often treat it as though it is. The government must show the firearm furthered, advanced, or helped accomplish the underlying crime. We challenge the inference and present alternative explanations for why the weapon was present.

Statements made to investigators often play a decisive role. If you told agents the gun was there “for protection” during a drug transaction, the government will use that to establish furtherance. If agents questioned you without proper warnings, we challenge the statement’s admissibility.

Your Tampa gun crimes lawyer should also evaluate whether the underlying offense actually qualifies as a predicate. Drug trafficking crimes generally qualify, but crimes of violence have been litigated extensively. Not every offense the government labels “violent” meets the legal definition.

Sentencing consequences often drive plea negotiations. Prosecutors sometimes use the threat of a 924(c) charge to pressure defendants into accepting a plea on the underlying offense. Understanding what the government can actually prove at trial gives you leverage.

Section 924(c) Case Timeline

Section 924(c) charges typically appear as part of a larger federal prosecution, not on their own.

• Underlying investigation. The ATF, FBI, or DEA investigates the drug trafficking or violent crime that forms the basis of the case. The firearm component emerges during this investigation.
• Indictment. A federal grand jury returns a multi-count indictment that includes the underlying offense and the 924(c) count. ATF investigations often contribute evidence to the firearms charges.
• Arrest and detention. Defendants facing 924(c) charges frequently face pretrial detention arguments. Federal criminal defense counsel can advocate for release conditions.
• Discovery and pretrial motions. The defense reviews the evidence, files motions to suppress, and challenges the connection between the firearm and the predicate offense.
• Plea or trial. The case resolves through negotiation or trial. If a 924(c) count goes to trial, the stakes are among the highest in federal practice.
• Sentencing. A conviction triggers mandatory consecutive time. The sentencing hearing determines the total sentence across all counts.

What Should You Bring to Your Section 924(c) Consultation?

If you are facing a 924(c) charge or expect one to be added, bring whatever you have to your first meeting with a federal gun crimes lawyer.

• The full indictment showing all counts, including the predicate offense
• ATF, FBI, or DEA correspondence, including any target letter
• Bond paperwork and upcoming court dates
• Any information about the underlying drug or violence investigation
• A written account of the events in your own words

Expect a direct conversation about the charges, the mandatory minimums, and the realistic options available to you.

What Are Some Important Florida Legal Resources for Section 924(c) Firearm Cases?

Section 924(c) law is defined in the United States Code and shaped by federal sentencing guidelines and court decisions. These resources provide background.

• The federal statute of limitations generally gives prosecutors five years to bring most firearms charges, though 924(c) counts are typically filed alongside the underlying offense at the time of indictment.
• The U.S. Sentencing Commission publishes data on Section 924(c) sentencing outcomes, including average sentences and the frequency of these charges in federal court.
• The ATF Tampa Field Division investigates firearms offenses across most of Florida, including cases that lead to 924(c) charges in the Middle District.
• Federal firearms statutes are published in Title 18 of the U.S. Code and available for public reference.
• Cases in Tampa are prosecuted by the U.S. Attorney’s Office for the Middle District and heard in the Middle District’s federal court.

Reach Out to StechLaw Criminal Defense to Schedule a Consultation

A Section 924(c) charge adds mandatory prison time that no judge can reduce. The defense has to challenge the charge directly, and that work starts the moment you retain a lawyer. StechLaw Criminal Defense offers free initial consultations, and every conversation is confidential. You will receive a direct assessment of your case from a federal gun crimes defense firm with board certified trial experience. Contact us to speak with a Tampa 924(c) firearm charge attorney.