If you are charged with any type of federal offense relating to firearms trafficking, you can face substantial penalties if you are convicted. An experienced Florida criminal defense attorney at Alers Law Firm can vigorously represent you in the legal process.

There is often a significant interconnection between an underlying crime and any conspiracy surrounding it. The main difference between an actual trafficking charge and conspiracy to commit the offense is whether the underlying crime actually occurred. The law allows you to be charged with conspiracy based on the presence of an agreement between members, and one taking an action and furthering it. 

If you have been charged with a federal firearms offense, seek immediate legal counsel from an experienced criminal defense lawyer in Florida at Alers Law Firm by calling us at (407) 930-4888. We can provide you with both practical and aggressive legal defense in your case.

Federal Firearms Trafficking Offenses

Firearms trafficking is a significant offense under Federal law. The statute can encompass a number of illegal actions, such as:

• Straw purchases: Purchasing a firearm for someone else, when you knew or reasonably should have known that they intended to use it to commit a felony
• Interstate transfer: Transporting firearms across States, when you knew or should have known that they would be used in the commission of a felony or for drug trafficking
• Unlicensed dealing: importing, manufacturing, or dealing in firearms or shipping or transporting a firearm in interstate commerce without the necessary license

The elements of an individual federal firearms trafficking offense depend on the specific statute (there are several that apply). Typically, the following is required:

• Undertaking an action to buy, sell or transport a firearm 
• Having knowledge that the firearm was to be used in a felony
• An interstate commerce element (which is the “hook” that makes federal law apply 

Federal Firearms Trafficking Conspiracy Charges

Prosecutors often like to charge defendants with a conspiracy. It is one of the most effective tools at their disposal. It does not matter whether the defendants committed the underlying crime that was the objective of the alleged conspiracy. The prosecutor must prove the following elements for you to be convicted of a federal arms trafficking conspiracy:

• There must be an agreement between two or more people, which does not need to be formal or in writing
• The agreement must be to commit the underlying offense of firearms trafficking
• The defendants must have knowingly joined the conspiracy, understanding that the intention was to commit an illegal act
• There must have been an overt action committed by at least one member of the conspiracy towards firearms trafficking

Even if the alleged agreement does not make it to fruition, you can still be charged with conspiracy based on the nature of the agreement itself and any actions that any one of the members took. Each defendant can be convicted of a conspiracy, so long as they have not taken steps to abandon the initial agreement. Withdrawal is an affirmative defense that you can use in your case. Here, you are acknowledging that there was an agreement, but you are arguing that you backed out of it at some point.

Further, conspiracy is a separate criminal charge from the underlying offense. If the conspiracy was successful in any way, you may be charged with both of the crimes and a firearms trafficking offense. You can even be charged with attempted conspiracy to commit federal firearms trafficking.

Similarities and Differences Between Firearms Trafficking and Conspiracy Charges

One thing that may not be a difference between conspiracy and the actual underlying offense is the penalty that you may receive if you are convicted of the crime. Both firearms trafficking and conspiracy to commit that offense are punishable by up to 15 years in prison (with lengthier sentences if the offense involved straw purchases of firearms. However, if you are charged under the general statute of conspiracy to commit crimes against the United States, the maximum jail sentence is five years, as opposed to 15 years for conspiracy to commit firearms trafficking. 

However, whether you are charged with a conspiracy or the underlying offense can be determinative of the defenses that you may be able to use in your case. If you are charged with conspiracy, the focus of your defense may shift from disputing whether there was the underlying action to contesting whether there was an actual agreement between the parties, and if there was an overt action in furtherance of the conspiracy. Further, although there are similar penalties between a conspiracy and the underlying offense, there may also be different sentencing factors that a judge could apply in the case, depending on the alleged offense. 

Contact a Florida Criminal Defense Law Firm

Protect your legal rights when you have been charged with federal gun offenses by hiring an experienced Florida criminal defense attorney at Alers Law Firm. You can schedule a free initial consultation with a Florida criminal defense lawyer by filling out an online contact form or by calling the law firm today at (407) 930-4888.