Why You Need an Attorney When Charged as an Armed Career Criminal (ACCA) in the Western District of Pennsylvania

If you’ve been charged under the Armed Career Criminal Act (ACCA) in the Western District of Pennsylvania, you’re facing one of the most severe federal sentencing enhancements available. A conviction as an Armed Career Criminal can lead to mandatory minimum sentences of 15 years or more, even for those whose current offense may otherwise carry less severe penalties. Given the high stakes, having an experienced federal criminal defense attorney is crucial to protecting your rights, your freedom, and your future.

At Frank Walker Law, we understand the complexities and challenges of ACCA cases. Attorney Frank Walker has years of experience defending clients in federal courts and offers skilled representation tailored to fight these high-stakes charges. Here’s why you need an attorney if you’re facing ACCA designation and how Frank Walker Law can help.

What is the Armed Career Criminal Act (ACCA)?

The Armed Career Criminal Act (18 U.S.C. § 924(e)) is a federal law that mandates enhanced penalties for individuals convicted of certain firearm offenses who have prior convictions for violent felonies or serious drug offenses. Specifically, the ACCA applies to individuals found guilty of being a felon in possession of a firearm (18 U.S.C. § 922(g)) if they have three or more prior convictions for serious drug offenses or violent felonies.

Under the ACCA:

- A defendant must have three prior qualifying convictions to be considered an Armed Career Criminal.
- Mandatory minimum sentencing of 15 years applies, and life imprisonment is possible.
- ACCA applies even if the previous offenses are not federal charges and may include certain state convictions.

Given these severe penalties, it’s essential to understand what qualifies as an ACCA conviction and how a knowledgeable attorney can help defend against it.

Why You Need an Attorney if Charged as an Armed Career Criminal

1. The Complexity of Qualifying Prior Offenses

 ACCA cases hinge on whether your prior convictions qualify as violent felonies or serious drug offenses under federal law. This determination is far from straightforward, as federal courts use specific criteria and definitions to decide if a past offense qualifies.

 For instance, terms like “violent felony” and “serious drug offense” are narrowly defined, and not every prior offense meets ACCA standards. An experienced attorney can challenge the use of prior convictions by arguing they don’t meet ACCA’s specific requirements, potentially removing the Armed Career Criminal enhancement altogether. Attorney Frank Walker is skilled at analyzing past convictions to determine if they qualify under ACCA guidelines and advocating for the exclusion of those that don’t.

2. Challenging the Government’s Evidence and Interpretation of ACCA

 Federal prosecutors must prove that prior convictions meet ACCA criteria, and they often rely on court documents, police reports, and other records to do so. An experienced defense attorney knows how to challenge the government’s evidence, examine records for inaccuracies, and dispute the characterization of prior offenses.

  At Frank Walker Law, we meticulously review all evidence and work to discredit improperly categorized prior offenses. With Frank Walker’s experience in federal court, we know the arguments and strategies needed to challenge the ACCA designation effectively.

3. Avoiding Mandatory Minimum Sentences

 ACCA’s 15-year mandatory minimum sentence removes much of the judge’s discretion, but effective legal representation can create options for a more favorable outcome. An attorney with experience in ACCA cases can identify grounds for a plea bargain, argue for a lower sentence, or work to have the ACCA enhancement removed.

 Frank Walker Law has a strong record of success in negotiating with federal prosecutors. We advocate tirelessly to minimize or eliminate mandatory minimum sentencing whenever possible, using every possible argument to protect our clients from the harshest penalties.

4. Understanding the Impact of Recent Supreme Court Rulings

 Over the past decade, several Supreme Court rulings have clarified and sometimes narrowed the application of ACCA, affecting how federal courts interpret prior convictions. For instance, recent decisions have addressed the “categorical approach,” which courts use to decide whether prior convictions meet ACCA’s standards, and have eliminated certain types of offenses from ACCA eligibility.

 Keeping up-to-date with these legal developments is essential to mounting an effective defense. Frank Walker Law stays informed about the latest rulings affecting ACCA cases, and we use this knowledge to challenge the prosecution’s interpretation of qualifying offenses, often to the benefit of our clients.

5. Experienced Defense in the Federal Courts of Western Pennsylvania

 Defending against ACCA charges requires experience with the federal court system, particularly in the Western District of Pennsylvania. Federal procedures, sentencing guidelines, and specific local practices all play a role in how ACCA cases are handled. Frank Walker has extensive experience in federal court, including familiarity with local judges, prosecutors, and court procedures in the Western District of Pennsylvania.

 This experience allows Frank Walker Law to provide a strategic, informed defense that anticipates potential hurdles and uses every advantage to protect our clients.

What to Expect in an ACCA Case

An ACCA designation adds significant complexity to federal cases. Here’s what to expect when facing ACCA charges:

1. Indictment and Arraignment: ACCA cases often begin with a formal indictment. During arraignment, the charges are presented, and issues related to bail and pre-trial release are addressed.

2. Pre-Trial Motions: Your attorney can file pre-trial motions to challenge the use of prior convictions, suppress evidence, and request the exclusion of improperly categorized offenses. Pre-trial motions can play a crucial role in weakening the prosecution’s case and limiting the application of ACCA.

3. Plea Bargaining and Negotiation: In some cases, negotiating with federal prosecutors may lead to a plea arrangement that avoids ACCA’s harsh mandatory minimums. An experienced attorney can leverage strong arguments and facts to seek a favorable resolution.

4. Trial or Sentencing: If the case goes to trial, Attorney Frank Walker will present a robust defense, challenging the evidence and cross-examining witnesses to cast doubt on the ACCA’s applicability. If a plea or conviction occurs, we work to minimize the sentence by arguing mitigating factors and presenting strong advocacy at the sentencing hearing.

Why Choose Frank Walker Law for ACCA Defense?

Attorney Frank Walker understands that facing ACCA charges is intimidating and stressful. We’re here to provide a powerful defense, focusing on reducing or eliminating the ACCA enhancement whenever possible. Here’s why clients trust Frank Walker Law:

- Extensive Federal Court Experience: Frank Walker has a track record of success in federal court, with specific experience handling ACCA cases and challenging the government’s interpretation of qualifying convictions.
- Personalized and Aggressive Representation: We treat every case as unique, building a defense strategy tailored to the details of your case and relentlessly pursuing the best outcome for you.

- Knowledge of ACCA Legal Developments: Federal law evolves, especially regarding ACCA. Frank Walker Law stays informed about recent changes, using this knowledge to mount effective challenges against the ACCA designation.

- Dedication to Your Defense and Future: We understand how serious ACCA charges are, and we are committed to supporting our clients throughout every stage of the case, from the initial indictment through trial and sentencing if needed.

Contact Frank Walker Law for Skilled ACCA Defense in Pennsylvania

If you are facing ACCA charges in the Western District of Pennsylvania, don’t leave your defense to chance. The federal government will aggressively pursue an ACCA conviction, but you have the right to an experienced, dedicated defense.

Contact Frank Walker Law today for a free consultation. Learn how we can help you challenge ACCA designation, protect your rights, and work toward the best possible outcome. Let us put our skill and experience to work for your defense.