Felon in Possession of a Firearm is a Common Federal Crime Charged in South Carolina
Federal crimes are offenses that are made illegal by the United States Code or are committed on U.S. property. In this state, Federal crimes are prosecuted in the District of South Carolina. Federal courthouses are located in multiple cities throughout South Carolina, including Florence, Charleston, Columbia, Aiken, Anderson and Spartanburg. Common federal crimes include tax evasion, mail fraud, and interstate drug trafficking.
In South Carolina, one of the most common federal crimes charged is Felon in Possession of a firearm or ammunition, a violation of 18 U.S.C. section 922(g). In order to prove this offense, the government must prove beyond a reasonable doubt that the defendant had previously ben convicted of a crime punishable by a term of imprisonment of more than a year, the defendant knowingly transported, possessed, shipped, or received a firearm, and the possession was in or affected interstate commerce. Actual possession does not have to be proved, instead, constructive possession is sufficient. In order to prove constructive possession, the government must prove that the defendant had the power to exercise dominion or control over the firearm, this can be shown through circumstantial evidence as well.
There are many sentencing issues that relate to firearms offenses which carry high penalties. For example, under 18 U.S.C. section 924(e), anyone convicted of a 922(g) violation, felon in possession or a firearm or ammunition, who has three prior convictions for a violent felony of serious drug offense, or both, is subject to a mandatory minimum sentence of fifteen years. This statute is known as the Armed Career Criminal Act, or the ACCA. A federal attorney must examine a defendant's criminal history outlined in the pre-sentence investigation report to determine whether the ACCA was appropriately applied. Crimes of violence include an offense that presents a serious risk of injury to others or is arson, burglary, extortion, and crimes involving the use of explosives. Serious drug offense include possession with intent to distribute, offense that carry a maximum term of imprisonment of ten years or more, but does not include simple possession.
Under 18 U.S.C. section 924(c), a defendant who uses, possesses, or carries a firearm during or in furtherance of a crime of violence or drug trafficking crime is subjected to a mandatory consecutive term of imprisonment of five years. If convicted under 924(c), five years is added to a defendant's sentence, it can not be served concurrent with other counts. f the firearm is 'brandished' the mandatory minimum consecutive penalty is seven years, and if the firearm is 'discharged', the mandatory minimum penalty is increased to ten years. It is therefore important to consult with a criminal attorney who has handled Federal gun cases to learn what penalties you could be facing.
The Mace Firm handles all Federal crimes, including felon in possession of a firearm, and use, possessing or carrying a firearm during a crime of violence of drug trafficking offense. Our criminal attorneys are licensed in South Carolina, Georgia, and Florida and handle federal cases across the U.S.
