Criminal law covers a wide range of possible scenarios, such as the presence of a firearm during the commission of a crime. Under the U.S. Sentencing Guidelines, drug convictions may be subject to a sentencing enhancement under what is called a “gun bump.” Your criminal defense attorney serving Columbus may warn you of this possibility if you have been charged with having a firearm while committing a drug offense. The sentencing enhancement involves bumping up the sentencing guidelines range by two levels. This means that, if convicted, the prison term can be extended beyond what it would have been if a gun had not been present.
In some cases, it may be possible for the criminal defense attorney to prevent the application of the sentencing enhancement. When a firearm is present during a drug offense, the defendant carries the burden of proof. This means that the criminal defense attorney could present evidence to show that it is “clearly improbable” that the defendant’s firearm could be associated with the offense.