Federal Gun Charges Attorney in Ohio

Experienced Federal Weapons Defense Attorneys in Ohio

Every criminal defense attorney at our firm has extensive experience in the federal criminal justice system. When you hire our federal gun violation lawyers, Ohio federal prosecutors know what they face.

Our lawyers have appeared in both the Northern District of Ohio, based in Cleveland, with courtrooms in Toledo, Akron, and Youngstown, and the Southern District of Ohio, based in Columbus, with courtrooms in Cincinnati and Dayton.

We have helped many defendants facing gun charges under federal law. We understand that federal law enforcement agencies, such as the Bureau of Alcohol, Tobacco, Firearms and Explosives, have nearly unlimited resources to investigate cases.

When the U.S. Department of Justice investigates or prosecutes you for federal crimes, our firm has the resources to stand up to the full might of the federal government to defend your rights.

Federal vs. State Gun Charges: Key Differences

The U.S. Constitution limits the scope of federal law. Generally, states define criminal laws under their police powers. However, federal gun laws cover areas of national interest, such as guns traveling in interstate commerce via both licensed and illegal dealers and firearm possession on federal property.

Aside from their scope, these crimes differ in how they are handled. Federal offenses are investigated by federal agencies, like the ATF or the FBI, and prosecuted by the U.S. Attorney’s Office. State crimes under Ohio law are investigated by local police departments, county sheriff’s offices, and the Ohio State Highway Patrol and prosecuted by the county prosecutor or the Attorney General’s office.

Federal Gun Crimes We Defend in Ohio

Many gun violations involve the illegal possession, sale, or transport of a firearm, while others involve the use of a gun during the commission of another crime, such as a drug offense. These crimes become federal offenses when they touch U.S. jurisdiction over weapons moving in interstate or international commerce and federal drug crimes.

Federal Gun Crime Penalties & Statistics

According to statistics provided by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the agency that prosecutes federal gun crimes, they have a conviction rate of 75% and secure an average sentence of 155 months.

Many federal weapons crimes are subject to mandatory minimum sentencing guidelines. This means the judge must impose the sentence even if the defendant’s federal criminal defense attorney presents mitigating facts.

For example, suppose you were the getaway driver in a bank robbery. You will still face federal criminal charges and a mandatory five-year sentence enhancement if you carried a gun but never touched it.

Additional Federal Gun Charges

Defense Strategies for Federal Gun Charges

Although federal criminal cases are often built on lengthy investigations, your criminal defense lawyer still has many ways to secure a dismissal, acquittal, or plea bargain for reduced charges.

Constitutional Challenges

One of the most significant Constitutional protections appears in the Fourth Amendment’s Search and Seizure Clause. Federal agencies must have a search warrant or prove the search falls into an exception to the warrant requirement to search your body or property for evidence of federal crimes.

If the firearm at issue in your federal firearms charges was found during an illegal search, the judge must exclude it from your case.

Evidentiary Challenges

Prosecutors have the burden of proof under our criminal justice system. This means they must have enough evidence to persuade a jury of your guilt beyond a reasonable doubt.
Your federal criminal defense lawyer can challenge the prosecution’s evidence. If the investigators cannot establish an unbroken chain of custody, someone might have tampered with the evidence. Similarly, witnesses might have credibility issues if they give inconsistent or misleading testimony.

Knowledge and Intent Defenses

Prosecutors must prove that you had the requisite knowledge and intent to obtain a felony conviction. For example, in federal criminal cases involving unlawful gun possession, the prosecution must prove that you knew about the gun and had constructive possession of it. Your criminal defense attorney can defend you by showing that someone else left the gun without your knowledge.