Tyler Texas Criminal Defense Lawyer Carlo D'Angelo
Possession of a firearm in furtherance of a drug trafficking crime is a serious offense that carries severe penalties under federal law. The government must prove that the firearm was possessed in a manner that advanced or furthered the drug trafficking offense. This requirement is outlined in 18 U.S.C. § 924(c)(1).
To support a conviction for possession of a firearm in furtherance of a drug trafficking crime, the government must demonstrate that the possession of the firearm advanced or helped to further the drug trafficking offense. This can be established by showing that the firearm was used to protect drugs or drug proceeds, intimidate others, or to facilitate the distribution or sale of drugs.
For example, if an individual is caught with a firearm and a large quantity of drugs, the government may argue that the firearm was used to protect the drugs and facilitate their distribution. In another scenario, if an individual is caught with a firearm and cash that is suspected to be drug proceeds, the government may argue that the firearm was used to protect the cash.
It is important to note that the possession of a firearm does not need to be the only evidence presented to support a conviction for possession of a firearm in furtherance of a drug trafficking crime. Other evidence, such as drug paraphernalia, witness testimony, or surveillance footage, may also be used to establish the connection between the firearm and the drug trafficking offense.
The penalties for possession of a firearm in furtherance of a drug trafficking crime are severe. A conviction for this offense carries a mandatory minimum sentence of five years in prison, which must be served consecutively to any other sentence imposed for the underlying drug trafficking offense. Additionally, a fine may be imposed up to $250,000.
