What Happens if You Are Accused of Using a Gun During a Crime in Maryland?

 Posted on August 25, 2026 in Gun Crimes

If you're accused of using a gun during a crime in Maryland, you're likely facing an enhanced charge. The charge can carry much harsher penalties than the underlying offense alone. Maryland law treats the use or display of a firearm during another crime as a major aggravating factor. However, you still have the right to challenge all charges, and Henley & Henley, Attorneys at Law, can help.

If you're facing this type of charge in 2026, our Anne Arundel County, MD criminal defense lawyers will explain what you're up against and help you build a strong defense.

What Does Maryland Law Say About Using a Gun During a Crime?

Under Maryland Criminal Law Article Section 4-204, it's a separate offense to use a firearm during the commission of a felony or a crime of violence. This charge comes on top of whatever charge applies to the underlying crime itself. You can face two distinct charges from a single incident. One is for the original offense, such as robbery or assault. The other is specifically for the firearm use during that offense.

Why This Charge Stacks on Top of the Underlying Offense

Maryland lawmakers created this separate offense specifically because firearms increase the danger and potential for serious harm during any crime. The law imposes additional consequences beyond the underlying offense because of this. It’s meant to reflect the added risk a firearm brings to the situation.

What Counts as Using a Gun During a Crime?

The law covers more than just firing a weapon. Displaying, brandishing, pointing, or otherwise actively using a firearm during a felony or crime of violence can support a charge under Section 4-204. However, simply having a firearm nearby or accessible does not automatically mean you "used" it under this statute. The state must prove that the firearm was actually used during the underlying crime.

Penalties for This Charge in Maryland

A conviction under Section 4-204 carries a sentence of at least five years and up to 20 years. The court cannot impose less than the five-year minimum. This sentence is imposed in addition to any sentence for the underlying felony or crime of violence. For a subsequent violation of Section 4-204, the firearm sentence must run consecutively to the sentence for the underlying crime.

What Defenses Are Available for a Gun-Related Charge?

Several defense strategies may apply depending on the specific facts of your case. Common defenses include:

• Challenging whether the object involved actually meets the legal definition of a firearm
• Disputing whether you actually had access to or control over the weapon
• Questioning whether the underlying felony or crime of violence can actually be proven
• Presenting evidence that the firearm's presence was unrelated to the alleged crime
• Challenging the reliability of witness statements or evidence used to establish gun involvement

A thorough review of the specific evidence in your case often reveals which of these defenses may be most effective for your situation.

How Does a Firearm Charge Affect Your Overall Case Strategy?

This charge comes with a mandatory minimum sentence. Because of this, it often becomes the main focus of your defense, sometimes even more than the original charge. Your attorney might be able to challenge the firearm enhancement directly. If that works, it can lower your overall risk a lot, even if the original charge is still hard to fight.

This is why understanding exactly what evidence supports the firearm charge matters so much. This should be separate from the underlying crime as an important part of building your defense.

How Can a Defense Attorney Help With Gun-Related Charges?

A defense attorney can closely examine whether the state can actually prove firearm involvement as defined under Maryland law. They can challenge the underlying felony or crime of violence charge itself. They can also explore whether the specific facts of your case support reducing or dismissing the enhanced firearm charge. This thorough review often reveals weaknesses in the prosecution's case that aren't immediately obvious.

Contact Our Annapolis, MD Gun Crimes Defense Attorneys Today

Henley & Henley, Attorneys at Law, brings over 50 years of combined legal experience to cases like yours. We know how much is at stake. So, we put in the work to build the strongest defense we can for every client. Most of the time, we charge a flat fee for these cases, so you'll always know what to expect, right from day one.

Contact us at 410-280-0530 to talk to our Anne Arundel County, MD criminal defense lawyers today.