Armed Career Criminal Act (ACCA)

Understanding the 15-year mandatory minimum enhancement for prohibited persons with three prior violent felonies or serious drug offenses

ACCA Mandatory Minimum

18 U.S.C. § 924(e) - Any person who violates § 922(g) and has three previous convictions for violent felonies or serious drug offenses committed on different occasions shall be sentenced to not less than 15 years imprisonment.

Mandatory Minimum: 15 years

No parole in federal system

Maximum: Life imprisonment

Guideline range often 15-20 years

ACCA Requirements

Four elements must be proven beyond a reasonable doubt for ACCA enhancement

Prohibited Person Status

Defendant must be prohibited from possessing firearms under 18 U.S.C. § 922(g)

  • 1
    Prior felony conviction
  • 2
    Domestic violence conviction
  • 3
    Drug addiction or mental defect
  • 4
    Other disqualifying factors
Three Prior Convictions

Must have three previous convictions for violent felonies or serious drug offenses

  • 1
    Committed on different occasions
  • 2
    Final convictions (not pending appeals)
  • 3
    Adult convictions (typically)
  • 4
    Within statutory definitions
Violent Felony Definition

Crime punishable by more than one year that has as an element the use, attempted use, or threatened use of physical force

  • 1
    Elements clause analysis
  • 2
    Categorical approach required
  • 3
    State law elements matter
  • 4
    Modified categorical approach
Serious Drug Offense

Drug offense punishable by 10+ years maximum or listed controlled substance offense

  • 1
    Federal or state drug felony
  • 2
    Maximum penalty exceeds 10 years
  • 3
    Controlled substance involved
  • 4
    Recent conviction (typically)

Violent Felony Analysis

Common crimes and their ACCA qualification status

Clearly Qualifying
High Risk

These crimes typically qualify under the elements clause

Murder
Manslaughter
Kidnapping
Aggravated Assault
Robbery
Rape/Sexual Assault
Arson
Extortion with Force
Case-by-Case Analysis
Requires Analysis

These require detailed statutory analysis and may vary by jurisdiction

Burglary
Battery
Simple Assault
Domestic Violence
Drug Trafficking with Violence
Weapons Violations
Escape
Resisting Arrest
Generally Non-Qualifying
Low Risk

These typically do not meet the violent felony definition

DUI/DWI
Drug Possession
Fraud/Theft
Regulatory Violations
Status Offenses
Non-violent Property Crimes
Traffic Violations
Tax Evasion

ACCA Defense Strategies

Comprehensive approaches to challenging ACCA enhancement

Categorical Approach Challenge

Challenging whether prior convictions qualify as violent felonies or serious drug offenses

Analyze state statute elements vs federal definition
Challenge overbroad state statutes
Research circuit court precedents
Examine charging documents and jury instructions
Procedural Challenges

Attacking the validity or admissibility of prior convictions

Challenge uncounseled convictions
Contest identity of defendant in prior cases
Question finality of convictions
Examine plea colloquy adequacy
Sentencing Mitigation

Seeking departures or variances despite ACCA enhancement

Argue for safety valve (if applicable)
Present extraordinary circumstances
Demonstrate rehabilitation efforts
Show disparate impact of enhancement

Frequently Asked Questions

Common questions about the Armed Career Criminal Act

What is the Armed Career Criminal Act (ACCA)?+
The ACCA, codified at 18 U.S.C. § 924(e), imposes a 15-year mandatory minimum sentence on defendants convicted of being a felon in possession of a firearm who have three or more prior convictions for 'violent felonies' or 'serious drug offenses.' Without ACCA, the maximum sentence for felon-in-possession is typically 10 years.
What counts as a 'violent felony' under ACCA?+
Under the ACCA, a violent felony is defined as a crime punishable by more than one year that: (1) has as an element the use, attempted use, or threatened use of physical force against another person (the 'elements clause'), or (2) is burglary, arson, extortion, or involves the use of explosives (the 'enumerated offenses clause'). The former 'residual clause' was struck down as unconstitutionally vague by the Supreme Court in Johnson v. United States (2015).
How does the categorical approach work in ACCA cases?+
The categorical approach, required by the Supreme Court in Taylor v. United States, compares the elements of the prior conviction statute to the generic federal definition of the offense. If the state statute is broader than the generic definition, the conviction may not count as an ACCA predicate. This analysis can be complex and is often where experienced defense attorneys find successful challenges.
Can prior convictions be challenged under ACCA?+
Yes. Common challenges include arguing that prior convictions don't meet the categorical definition of violent felony or serious drug offense, demonstrating that convictions were not committed on 'occasions different from one another,' challenging whether the conviction was final, and using the modified categorical approach to show the actual conduct doesn't qualify.
What is the impact of Johnson v. United States on ACCA?+
In Johnson v. United States (2015), the Supreme Court struck down the ACCA's residual clause as unconstitutionally vague. This means prior convictions that only qualified under the residual clause can no longer count as ACCA predicates, potentially making some defendants no longer subject to the 15-year mandatory minimum. Many federal prisoners have sought resentencing based on this decision.

Critical ACCA Defense Notice

ACCA enhancements carry devastating consequences with 15-year mandatory minimums. Early case analysis of prior convictions is essential to identify potential challenges and defense strategies.

Federal courts apply complex categorical and modified categorical approaches to determine violent felony status. Experienced federal defense counsel is critical for ACCA cases.

Emergency ACCA Defense Consultation

Meet Your Attorney

Yan E. Shrayberman

Criminal Defense & Family Law Attorney — Fresno, CA

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

Super Lawyer 2020–2026
19+ Years Experience
Call Now: (559) 779-2315
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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.