Firearm Use in a Felony / Crime of Violence
Many criminal cases involving firearms and felony charges often come with an additional criminal charge of Firearm Use in a Crime of Violence or Firearm Use in a Felony. Although this charge is only a misdemeanor, it carries a potential for a mandatory minimum sentence.
The charge looks like an add-on on the charging document. It is not. Section 4-204 carries a 5-year mandatory minimum that runs consecutive to the underlying felony. A defendant convicted of armed robbery faces the robbery sentence plus five years stacked on top, with no parole during that five years. This is the statute that drives the sentence in nearly every serious gun case in Maryland.
CR 4-204(b) Firearm Use/Fel-Viol Crime
Maryland law, specifically Maryland's Criminal Law Article Section 4-204, outlines the legal framework for charges related to the use of a firearm in the commission of a crime of violence or any felony. Section 4-204(b) reads:
"A person may not use a firearm in the commission of a crime of violence, as defined in Section 5-101 of the Public Safety Article, or any felony, whether the firearm is operable or inoperable at the time of the crime."
Two pieces of that text drive every Section 4-204 case. First, the firearm does not have to work. Second, the predicate is broad: any crime of violence plus any other felony can trigger the charge.
What is a firearm?
A firearm, as defined by this statute, includes a wide array of weapons, from handguns to antique firearms, whether loaded or unloaded. The statute even states that a frame or receiver of a weapon is a "firearm".
What is a crime of violence?
Maryland's Public Safety Article has an exhaustive list of what is a "crime of violence". Please note that these are different than a crime of violence for the purposes of parole eligibility
"Crime of violence" under CR 4-204(b) includes:
- abduction;
- arson in the first degree;
- assault in the first or second degree;
- burglary in the first, second, or third degree;
- carjacking and armed carjacking;
- escape in the first degree;
- kidnapping;
- voluntary manslaughter;
- murder in the first or second degree;
- rape in the first or second degree;
- robbery;
- robbery with a dangerous weapon;
- sexual offense in the first, second, or third degree;
- home invasion
Penalties for Violating CR 4-204(b)
The penalties for violating this section are severe. A first-time offender faces a misdemeanor charge, with a mandatory minimum sentence of 5 years and could face up to 20 years in prison. The court may not impose less than the 5-year minimum, and the defendant is not eligible for parole during those 5 years.
Subsequent violations result in consecutive sentences, further emphasizing the seriousness with which Maryland views crimes involving firearms.
What the stacking looks like in practice:
- Armed robbery (max 20 years) + Section 4-204 (mandatory 5) = 5 years minimum on top of whatever the judge gives for the robbery.
- First-degree assault (max 25 years) + Section 4-204 = same stack.
- Felony drug distribution + Section 4-204 = same stack.
The State usually offers a plea that drops Section 4-204 in exchange for a plea to the underlying felony. The whole negotiation in a serious gun case is about that swap.
How the State Proves It
To convict under Section 4-204, the State has to prove two things beyond a reasonable doubt:
- You committed the predicate crime of violence or felony.
- You used a firearm in committing it.
"Use" is broader than "discharge." Brandishing, pointing, displaying as a threat, or possessing the firearm during the crime is enough. The State does not have to show that the gun was fired.
Defenses That Work
A Section 4-204 defense almost always starts with attacking the predicate offense. If the underlying robbery, assault, or felony fails, the Section 4-204 falls with it.
- Mistaken identification. Most armed robbery cases are eyewitness cases. Attacking a suggestive showup or a thin photo array is the standard opening move.
- No firearm. If the only evidence is a witness saying "I saw a black object," and no gun was recovered, the State has a hard time clearing the firearm element.
- The "firearm" was a replica. The statute reaches inoperable and replica firearms, but it does not reach a finger under a shirt or a verbal threat alone.
- Suppression of the recovered gun. If officers searched a home, car, or person without a warrant or a recognized exception, the gun comes out. Without the gun, the case usually collapses.
- No use, only mere presence. Maryland appellate courts have drawn a line between using a firearm during a crime and merely possessing one on the same day. A bag of cocaine in the kitchen and a handgun in the closet is not "use" of a firearm in commission of the felony unless the State can connect the two.
The Consequences of Conviction
The implications of a conviction go beyond prison sentences. Being found guilty of using a firearm in a violent crime can affect every aspect of your life, from employment opportunities to your rights and freedoms. It's a mark that remains, influencing how society views you and limiting what you can do.
Why Legal Representation Matters
A Section 4-204 case moves fast: preliminary hearing in District Court, then indictment to Circuit Court. Each step is an opportunity for the State to lock in testimony and for the defense to file motions. A defense lawyer who comes in at sentencing instead of at the preliminary hearing has lost the window to suppress, to negotiate the drop of Section 4-204, or to challenge the predicate.
Bond review is the first courtroom event. The judge will see the Section 4-204 charge and the mandatory 5-year exposure on the printout, and bond will be high unless someone is there to argue otherwise. Retain counsel before the bond review hearing. See the bail review lawyer page for what that hearing looks like.
If you are charged in Prince George's County, the case will be in Upper Marlboro before circuit-court indictment. See our Prince George's County gun lawyer page and Prince George's County arrested, what to do.
Frequently Asked Questions
Q: What defines a "crime of violence" in Maryland?
A: Maryland law (Pub. Safety Section 5-101) defines a crime of violence to include offenses such as murder, rape, robbery, assault, kidnapping, and more. It's a broad category that encompasses various serious crimes.
Q: Can the minimum sentence be reduced under any circumstances?
A: The law mandates a minimum sentence of 5 years, with no eligibility for parole within that time, except as provided in Section 4-305 of the Correctional Services Article.
Q: What if the firearm was inoperable at the time of the crime?
A: Under Maryland law, whether the firearm was operable or inoperable at the time of the crime is irrelevant for the purposes of this statute. It's possible to violate this law with gun parts including a frame or receiver, which would not be able to fire a round.
Q: How can an attorney help if the evidence against me is strong?
A: Even in cases with substantial evidence, a skilled attorney can make a significant difference. They can challenge the validity of the evidence, argue for mitigating circumstances, and work to ensure the best possible outcome.
Related Charges
A Section 4-204 charge usually rides with:
- Wear, carry, or transport a handgun (CR Section 4-203)
- Felon in possession of a firearm under PS Section 5-133
- Robbery, carjacking, or first-degree assault
- Ghost gun charges where the firearm has no serial number
Your Next Steps in Firearm Use Cases
If you or someone you know is facing charges related to the use of a firearm in a crime of violence, the time to act is now. The legal team at FrizWoods LLC is ready to stand by your side, offering the expertise and support you need during this difficult time. Our approach is personalized, our defense strategies are meticulously crafted, and our commitment to our clients is unwavering.
Don't navigate this journey alone. Contact us today to schedule a consultation and take the first step towards securing your future.