Use of a Firearm in a Crime of Violence or Felony (Md. CR § 4-204)
If the State has charged you with armed robbery, first-degree assault, or any felony where the police say a gun was involved, you are almost certainly also charged under Md. Criminal Law § 4-204, "use of a firearm in the commission of a crime of violence." This is the statute that drives the sentence in nearly every serious gun case in Maryland.
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.
What the statute says
Section 4-204(b) of the Maryland Criminal Law Article reads:
"A person may not use a firearm in the commission of a crime of violence, as defined in § 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 § 4-204 case.
First, the firearm does not have to work. An inoperable handgun, a BB gun that looks like a real gun, or a starter pistol can all support a § 4-204 conviction so long as the State proves the predicate offense.
Second, the predicate is broad. "Crime of violence" in PS § 5-101 includes murder, rape, robbery, carjacking, manslaughter, mayhem, kidnapping, first-degree assault, first- and second-degree burglary, voluntary manslaughter, sexual offenses in the first or second degree, and felony assaults. Any of those, plus any other felony, can trigger § 4-204.
The sentence
Section 4-204(c)(1) is the rule that matters at sentencing:
"A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years."
The court "may not impose less than the minimum sentence of 5 years," and the defendant is "not eligible for parole in less than 5 years." For every subsequent violation, the sentence runs "consecutive to and not concurrent with" any other sentence for the predicate.
What that looks like in practice:
- Armed robbery (max 20 years) + § 4-204 (mandatory 5) = 5 years minimum on top of whatever the judge gives for the robbery.
- First-degree assault (max 25 years) + § 4-204 = same stack.
- Felony drug distribution + § 4-204 = same stack.
The State usually offers a plea that drops § 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 § 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 § 4-204 defense almost always starts with attacking the predicate offense. If the underlying robbery, assault, or felony fails, the § 4-204 falls with it.
- Mistaken identification. Most armed robbery cases are eyewitness cases. A Maryland Pattern Jury Instruction-based motion to attack 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.
Why a fast retainer matters
A § 4-204 case moves fast in district court at preliminary hearing and then jumps to circuit court for indictment. 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 preliminary hearing has lost the window to suppress, to negotiate the drop of § 4-204, or to challenge the predicate.
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.
Related charges
A § 4-204 charge usually rides with:
- Handgun in a vehicle (CR § 4-203)
- Felon in possession of a firearm under PS § 5-133
- Robbery, carjacking, or first-degree assault
- Ghost gun charges where the firearm has no serial number
Get a lawyer in the first 48 hours
Bond review is the first courtroom event. The judge will see the § 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.
Contact us for a free consultation. We defend Md. CR § 4-204 charges in Prince George's County, Anne Arundel County, Howard County, and across Maryland. Contact FrizWoods.