Consecutive Sentence Requirement
18 U.S.C. § 924(c) sentences must run consecutive to any other sentence, including the underlying offense. These enhancements dramatically increase total prison time.
Example: 5-year drug trafficking sentence + 5-year § 924(c) = 10 years total minimum
Enhancement Levels
Four tiers of § 924(c) mandatory minimum sentences based on level of firearm use
Use, carry, or possess firearm during and in relation to crime of violence or drug trafficking crime
Required Elements:
Brandishing firearm during crime of violence or drug trafficking crime
Required Elements:
Discharge of firearm during crime of violence or drug trafficking crime
Required Elements:
Second or subsequent § 924(c) conviction
Required Elements:
Predicate Offenses
Crimes of violence and drug trafficking crimes that can trigger § 924(c) enhancements
Felony that has as an element the use, attempted use, or threatened use of physical force against person or property
Any felony punishable under the Controlled Substances Act (21 U.S.C. § 801 et seq.)
Stacking Rules
When multiple § 924(c) counts can be charged consecutively
Counts from same criminal episode merge - no stacking
Example: Drug trafficking + firearm possession during same transaction = single § 924(c) count
Separate criminal episodes allow multiple consecutive sentences
Example: Two drug sales on different days with firearms = two § 924(c) counts
Multiple firearms in same criminal episode = single count
Example: Using handgun and rifle during same robbery = one § 924(c) count
30-year mandatory minimum if firearm is machine gun
Example: Any § 924(c) violation involving automatic weapon
Defense Strategies
Comprehensive approaches to challenging § 924(c) enhancements
Attacking the connection between firearm and underlying offense
- Temporal proximity arguments
- Lack of furthering underlying crime
- Passive possession vs active use
- Separate criminal episodes
Challenging whether underlying offense qualifies
- Crime of violence categorical analysis
- Elements clause interpretation
- Drug trafficking scope limitations
- Federal jurisdiction challenges
Disputing the degree of firearm involvement
- Possession vs brandishing distinction
- Brandishing vs discharge elements
- Accidental vs intentional conduct
- Knowledge and intent requirements
Seeking minimum sentences and avoiding enhancements
- Safety valve applicability
- Departure/variance arguments
- Acceptance of responsibility
- Cooperation opportunities
Frequently Asked Questions
Common questions about Section 924(c) firearm enhancements
What is a Section 924(c) enhancement?+
What are the mandatory minimums for a 924(c) charge?+
Can 924(c) sentences run concurrently with other charges?+
What defenses are available for 924(c) charges?+
What is the 'stacking' issue with multiple 924(c) counts?+
Critical § 924(c) Defense Notice
Section 924(c) enhancements carry mandatory consecutive sentences that can double or triple total prison time. These charges require immediate and aggressive federal defense representation.
Early case analysis is essential to identify nexus challenges, predicate offense defenses, and mitigation opportunities before plea negotiations or trial.
Meet Your Attorney
Yan E. Shrayberman
Criminal Defense & Family Law Attorney — Fresno, CA
Attorney Introduction Video
Video coming soon — hear directly from Yan Shrayberman about how he fights for his clients.
Every client deserves a fearless advocate who understands what's at stake. I've spent my career making sure the people of Fresno get exactly that — skilled, honest, aggressive representation.
Yan E. Shrayberman
Criminal Defense & Family Law Attorney
Licensed in CA · WA · FL
Read transcript
Yan E. Shrayberman: Hi, I'm Yan Shrayberman, founder of Crown Law Firm here in Fresno, California. I want to take a few minutes to introduce myself and tell you a little bit about how I approach representing clients — because choosing the right attorney may be the most important decision you make.
I've been a criminal defense and family law attorney for over ten years. I'm licensed in California, Washington, and Florida, and I focus my practice here in Fresno and throughout the Central Valley. I was named a Super Lawyer every year from 2020 through 2026, which I'm proud of — but what matters most to me is what happens in the courtroom and at the negotiating table for my clients.
On the criminal defense side, I handle everything from DUI charges and drug crimes to violent felonies, federal cases, and white-collar matters. Every case is different. A first-time DUI for a college student carries different stakes than a federal firearm charge for someone with a prior record. I take the time to understand exactly where you are, what the government's case looks like, and where the weaknesses are — then I build a strategy around that.
On the family law side, I represent clients in divorce, child custody, child support, spousal support, and property division cases. Family law cases are emotionally difficult. I've seen what happens when attorneys fan the flames just to generate more billing hours. That's not how I operate. I fight hard for your interests, but I also give you honest advice about when it makes sense to reach an agreement and when it makes sense to go to court.
One thing I want to be clear about: I'm the attorney who will actually be working on your case. You won't be handed off to a paralegal or a junior associate. When you call our office, you talk to me. When we go to court, I'm there with you.
If you or someone you love has been arrested, charged, or is facing a difficult family law situation, I encourage you to call us right away. The earlier we get involved, the more options we have. Our first consultation is free. You can reach me directly at (559) 779-2315.
I look forward to meeting you and finding out how Crown Law Firm can help protect what matters most to you.