When you're facing the charge, felon in possession of a firearm, and you are not sure where to turn then contact our Philadelphia, PA based law office. Under 18 U.S.C. § 922(g) you can be charged with a federal offense for merely being in possession of a firearm, based on many types of past conduct. 

Often federal penalties are far more severe than state penalties which is why you need to seek legal representation as early as possible. Wiseman & Schwartz attorneys have experience in handling federal offenses such as felon in possession of a firearm. When you choose Wiseman & Schwartz to represent you in your cases, you will face your criminal proceeding confident that your interests are being protected.

If you find yourself charged with a Felon in Possession charge, call us at our Philadelphia, PA office as early as possible. The initial consultation is always without cost.

Under 18 U.S.C. § 924(c), if the government accuses you of possessing a firearm during and in relation to any crime that the law considers a "crime of violence" or a "drug trafficking crime," the law subjects you to a mandatory minimum sentence for the firearm, that must run separate from any other sentence.

A mandatory minimum sentence under 924(c) applies to crimes such as:

Felony violations of the Controlled Substance Act;

robbery; carjacking; and any crime that has an element the use, attempted use, or threatened use of physical force against the person or property of another.

Depending upon the circumstances of the case, and what the defendant did with the gun, the mandatory minimum can be as low as 5 years, and as high as 30. If it is a 2d or subsequent offense under this section, depending on the circumstances of the case, the mandatory minimum can be as low as 25 years, and as high as life imprisonment.

As with the ACCA (Armed Career Criminal Act), there is a lot of interpretive law regarding this crime, and what is meant by many of the terms that trigger the mandatory sentences. In some respects that law is potentially helpful to a defendant, both at trial and on appeal.

To discuss your case with a criminal lawyer who is familiar with this area of the law, call us at our Philadelphia, PA office for an initial consultation at no cost.

ACCA or the Armed Career Criminal Act is a federal crime that turns possession of a firearm into a nightmare. Under 18 U.S.C. § 924(e), if you were convicted in the past of three predicate offenses, and then, if you are convicted of possession of a firearm in federal court, the minimum sentence you will face for the firearm charge is fifteen (15) years.

Predicate offenses include many different types of state and federal crimes such as:

Certain federal drug crimes; certain state drug crimes; burglary; arson; extortion; and certain crimes that involve the use, attempted use, or threatened use of physical force against the person of another.

There is a lot of interpretive law regarding this crime, and what is meant by many of the terms that trigger the fifteen- year mandatory sentence. In some respects that law is potentially helpful to a defendant, both at trial and on appeal.

Call our Philadelphia, PA office today to discuss your ACCA case with a criminal defense lawyer who is familiar with this area of the law.

18 U.S.C. § 1951, is a federal robbery offense, which is often referred to as the Hobbs Act robbery. It prohibits robbery or extortion or the attempt to commit or conspire to commit robbery or extortion. It also prohibits committing or threatening to commit physical violence to any person or property in furtherance of a plan or purpose to commit robbery or extortion.

The Hobbs Act statute defines robbery as "the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining."

The Hobbs Act statute defines extortion as "the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right."

Because the Hobbs Act is a federal crime, the defendant's act(s) must in some way or degree obstruct, delay, or affect commerce or the movement of any article or commodity in commerce; but even a slight impact upon interstate commerce will satisfy this element, and give a federal court jurisdiction over what might otherwise be just a state crime.

The Hobbs Act has a broad reach, and applies to situations where the actual force or violence that one might normally associate with robbery or extortion does not seem apparent.

If you would like to consult with a criminal law attorney who understands this law and its application, and who is committed to providing you with an aggressive defense to a Hobbs Act charge, contact Wiseman & Schwartz.

When you believe that a government official, such as a police officer, has violated your civil rights.

We handle all manner of civil rights cases including when a police officer or any other government official violates your constitutional rights. We will discuss with you all of your options for redress, including bringing suit in state or federal court on your behalf.