Federal firearm charges are more serious than most people realize. Whether you’re under investigation or have already been charged, you need a federal criminal defense attorney who knows how to challenge the government’s case.
The Law Offices of Jonathan F. Marshall represents clients throughout New Jersey against federal criminal charges, including firearm-related crimes. Our legal team has over 250 years of combined experience handling serious criminal cases in state and federal courts, providing us with an in-depth understanding of how the system works. A federal firearm crime lawyer from our firm can help you fight back against charges like illegal possession, firearm trafficking, unlawful sales, and other crimes involving weapons.
Contact us today for a free consultation to talk to a federal firearm crime lawyer about your case.
Why You Need a Federal Firearm Crime Lawyer
Federal prosecutors often have far greater investigative resources than state agencies. Federal investigators from the ATF and the FBI often spend months building these cases before making an arrest. Federal firearm investigations can involve extensive evidence collection, including:
- Wiretapping
- Ballistics testing
- Search warrants
- Text messages and emails
- Surveillance footage
- Social media activity
- Financial records
- Informant testimony
However, you shouldn’t assume the government’s evidence is airtight just because federal agents are involved. Investigators can make mistakes during a case, whether in their searches and surveillance, interrogations, or other forms of evidence collection. Prosecutors also still have the burden of proving guilt beyond a reasonable doubt in federal court.
Our attorneys know how to analyze these materials carefully to challenge the government’s case. We can review whether law enforcement violated your rights or the prosecution is relying on weak evidence, then take action to protect your record.
Federal firearm cases also come with high stakes. Federal judges are guided by stricter sentencing rules. The prosecution often asks for lengthy prison sentences, and mandatory minimums are common. This makes early legal representation especially important in federal investigations.
Agents may contact you before filing charges and ask you to make statements they will later use in court. Prosecutors can also issue subpoenas or search warrants before an arrest. Our law firm can help you avoid statements or decisions that damage your defense later in the case.
Why Choose the Law Offices of Jonathan F. Marshall?
You need more than basic criminal defense when you’re up against the federal government. The attorneys at the Law Offices of Jonathan F. Marshall have decades of criminal trial experience throughout New Jersey. Our team works exclusively in criminal defense, especially in high-stakes, complex cases.
When you choose us, you get:
- A free consultation
- More than 250 years of combined experience
- A team of 20 lawyers dedicated entirely to criminal defense
- 18 office locations throughout New Jersey
- Former county prosecutors with experience in major crimes, economic crimes, gun task forces, juvenile divisions, and drug task forces
- Former municipal prosecutors from over 25 New Jersey towns
The proof is in our results and satisfied former clients. The Law Offices of Jonathan F. Marshall has gotten favorable outcomes in a wide range of criminal cases, from dismissals and acquittals to downgraded charges and negotiated pleas.* One client wrote:
“Jonathan did an incredible job for me. Its not only his knowledge and skills that are so impressive but his ability to make you feel so comfortable. Jonathan is a regular person who you can talk to like any other person. It nice to have such a talented lawyer attorney working for you who you can feel so comfortable with. He is definitely special and you would be wise to hire him.” – Jones
Types of Federal Firearm Charges We Handle
The Law Offices of Jonathan F. Marshall handles the full range of federal firearm crimes in New Jersey. Federal prosecutors aggressively pursue these charges, so it’s important to have an experienced lawyer with a deep knowledge of federal gun laws on your side. Some of the most common cases we defend include:
Unlawful Possession of a Firearm by a Prohibited Person
Federal law prohibits certain people from possessing guns. Prosecutors may claim you weren’t legally permitted to own or carry a weapon because of:
- A prior felony conviction
- A domestic violence offense
- A restraining order
- Immigration-related restrictions
These cases often depend on whether prosecutors can prove you had possession and knowledge of the firearm.
Firearm Trafficking and Interstate Transportation Offenses
These charges involve transporting, selling, or transferring firearms across state lines. Prosecutors may claim that you sold weapons without a federal license or transferred firearms to prohibited people. This law also covers participation in illegal firearm distribution networks.
Possession of a Firearm During a Drug Trafficking Crime
Federal prosecutors can add firearm charges to drug investigations. They may accuse you of carrying or brandishing weapons during a drug trafficking crime. These charges often trigger mandatory minimum prison sentences.
Illegal Firearm Sales
Federal law regulates who may legally sell firearms and how those transactions must be conducted. Prosecutors may file charges involving unlawful online sales or other transactions that allegedly violated federal firearm regulations.
Straw Purchases or False Statements During Firearm Purchases
Buying a firearm for someone who can’t legally purchase it themselves is called a straw purchase. This crime often involves providing false information during the purchase process or attempting to avoid a background check. Prosecutors may file charges if they believe someone made false statements about their:
- Identity
- Criminal history
- Residency
- Eligibility to purchase a firearm
Possession of Stolen Firearms
Knowingly possessing, receiving, concealing, or transporting a stolen firearm is a serious crime. These charges can come up after traffic stops but are often part of broader criminal investigations.
Possession of Unregistered Firearms
Certain firearms and weapon modifications require federal registration. Prosecutors may file charges involving short-barreled rifles or other regulated weapons that weren’t properly registered under federal law.
Illegal Importation of Firearms
Under federal law, importing certain weapons and firearm components into the United States is restricted. Charges typically allege that you brought firearms or parts into the country unlawfully or transferred them without proper authorization.
Possession of Machine Guns or Prohibited Weapons
Federal law generally prohibits civilian possession of machine guns manufactured after May 19, 1986. Prosecutors may also pursue charges involving certain modified firearms or conversion devices.
Interstate Transportation of Firearms by Prohibited Persons
Transporting firearms across state lines can result in charges when you’re legally prohibited from possessing weapons. These investigations may involve surveillance operations or coordination between state and federal agencies.
Firearm-Related Sentencing Enhancements
Cases involving crimes committed with illegal firearms can come with sentencing enhancements. Prosecutors may seek longer prison terms if they claim that you discharged or brandished a weapon during another type of case.
You may also face federal charges even if you never used a firearm. Prosecutors sometimes rely on constructive possession theories, arguing that a weapon belonged to you because it was in your vehicle, home, or near your personal property. Our lawyers can challenge whether prosecutors have enough evidence linking you to the firearm.
Penalties for a Federal Firearm Crime Conviction
Federal convictions can upend your life for decades. Sentences depend on the specific charge, along with your prior criminal history and whether prosecutors claim the firearm was connected to another crime.
If you’re convicted, the consequences could include:
- Federal prison sentences
- Mandatory minimum penalties
- Significant financial fines
- Loss of firearm rights
- Supervised release after incarceration
- Immigration consequences for non-citizens
- Professional licensing issues
- Employment difficulties
Federal sentencing guidelines also affect many firearm cases. Prosecutors may seek enhancements based on:
- The number of guns involved
- Prior criminal convictions
- Alleged gang involvement
- Claims that a firearm was stolen
- Cases involving high-capacity magazines
- Accusations that the firearm was part of another felony
Collateral consequences can continue long after a prison sentence ends. Federal firearm convictions may limit your ability to possess guns legally in the future. A conviction can also affect housing applications, job opportunities, and your reputation and standing in the community.
Common Defense Strategies for a Federal Firearm Crime
Every federal firearm case requires a defense strategy tailored to the specific evidence and charges involved. One common defense strategy involves challenging unlawful searches or seizures. Evidence obtained through unlawful searches is often inadmissible in court under the Fourth Amendment.
In other cases, we may argue whether prosecutors can actually prove the possession element. This is important because for some federal crimes involving firearms, prosecutors must show that you knowingly possessed the weapon.
Depending on the facts and charges, we may also:
- Challenge witness credibility
- Contest forensic or ballistic evidence
- Question the government’s chain-of-custody procedures
- Argue that you had a lack of knowledge or intent
- Challenge any constructive possession theories
- File motions to suppress otherwise unlawfully obtained evidence
- Challenge sentencing enhancements
- Negotiate reduced charges when appropriate
Plea negotiations are often another crucial part of the defense process. Prosecutors may agree to reduced charges or more lenient sentencing recommendations, depending on how strong their evidence is. Our attorneys will explain every available option so you can make informed decisions for your future, whether that’s seeking a deal or taking your case to trial.
Get in Touch with Our Federal Criminal Defense Lawyers
Federal gun crimes demand serious attorneys who understand complex criminal investigations and the federal criminal justice system. The Law Offices of Jonathan F. Marshall has over 250 years of combined legal experience representing clients throughout New Jersey in federal firearm cases and other serious charges.
We offer free consultations and have 18 offices across New Jersey for your convenience. Contact us today to learn how we can help.
*Each case is unique, and past results do not guarantee future outcomes.
