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.
No parole in federal system
Guideline range often 15-20 years
ACCA Requirements
Four elements must be proven beyond a reasonable doubt for ACCA enhancement
Defendant must be prohibited from possessing firearms under 18 U.S.C. § 922(g)
- 1Prior felony conviction
- 2Domestic violence conviction
- 3Drug addiction or mental defect
- 4Other disqualifying factors
Must have three previous convictions for violent felonies or serious drug offenses
- 1Committed on different occasions
- 2Final convictions (not pending appeals)
- 3Adult convictions (typically)
- 4Within statutory definitions
Crime punishable by more than one year that has as an element the use, attempted use, or threatened use of physical force
- 1Elements clause analysis
- 2Categorical approach required
- 3State law elements matter
- 4Modified categorical approach
Drug offense punishable by 10+ years maximum or listed controlled substance offense
- 1Federal or state drug felony
- 2Maximum penalty exceeds 10 years
- 3Controlled substance involved
- 4Recent conviction (typically)
Violent Felony Analysis
Common crimes and their ACCA qualification status
These crimes typically qualify under the elements clause
These require detailed statutory analysis and may vary by jurisdiction
These typically do not meet the violent felony definition
ACCA Defense Strategies
Comprehensive approaches to challenging ACCA enhancement
Challenging whether prior convictions qualify as violent felonies or serious drug offenses
Attacking the validity or admissibility of prior convictions
Seeking departures or variances despite ACCA enhancement
Frequently Asked Questions
Common questions about the Armed Career Criminal Act
What is the Armed Career Criminal Act (ACCA)?+
What counts as a 'violent felony' under ACCA?+
How does the categorical approach work in ACCA cases?+
Can prior convictions be challenged under ACCA?+
What is the impact of Johnson v. United States on ACCA?+
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.