A primary effect of many drugs and narcotics is impairment of ability to
make sound judgements due to emotional instability, cognitive disruptions,
and general unpredictability or irrationality. While this change in mental
state can potentially make any situation more dangerous than if the individual
was entirely sober, it is particularly problematic when firearms are involved.
A person who is under the influence of any mixture of drugs or medicines
might fail to see the inherent lethality of a gun and use it recklessly.
Because of the combined risk presented by guns and drugs, federal law enforcement
agencies have taken additional steps to crack down on weapons crimes that
are interlaced with
drug crimes. To this end, many drug-and-gun crimes will automatically constitute a
federal crime that can bring escalated charges and penalties if a conviction is secured.
For example, it could be considered a federal crime to be found to be
in possession of both illegal narcotics and a firearm at the same time,
especially if that gun is unregistered or illegal due to other regulations.
Minimum Sentencing for Federal Gun-and-Drug Crimes
The Federal Bureau of Investigation (FBI), the Drug Enforcement Agency
(DEA), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
are all adamant about stopping drug trafficking crimes and
violent crimes that stem from illegal drug deals. Federal laws have been created to establish
minimum sentencing requirements for anyone charged with “possessing,
brandishing, or discharging” a firearm while also carrying out any
violent crime or crime related to drug trafficking.
Minimum sentences may be of the following lengths, varying due to severity
of charges and circumstances:
- 5 years
- 7 years
- 10 years
- 30 years
The minimum sentencing amounts currently in use do not allow a judge to
use reduced sentencing based on his or her own discretion. If gun and
drug charges are brought against someone stemming from a single incident,
then he or she will serve at least 5 years in prison if sentenced, often
without a chance of obtaining parole.
Berry Law Firm — Omaha Criminal Defense Attorneys
Anyone facing drug charges and gun charges can come to Berry Law Firm for
unwavering, trial-tested legal representation backed by 100+ years of
total experience. The Omaha criminal defense lawyers at the firm have
taken some of the most difficult, high-stakes criminal defense cases in
Nebraska and come out victorious for their clients. From fighting
felonies to misdemeanors defined by the laws of the state, the federal government,
or even the
Uniform Code of Military Justice, Berry Law Firm has experience in representing the interests of their clients.
Interested parties can call 402.817.6550 or use an online contact form
to schedule a confidential case evaluation