There has been quite a bit of talk and litigation in the federal court
system about the application of the Armed Career Criminal Act after the
Supreme Court’s decision in
United States vs. Johnson – as well as its progeny of cases.
This federal law allows the government to charge an individual that qualifies
– based upon the nature of the new offense and the alleged offender’s
criminal history - under the statute with a specification that can have
catastrophic effects on the defendant’s and his or her family’s
lives. Under the federal sentencing guidelines, if a person is found guilty
of a crime that qualifies under the Armed Career Criminal Act, he or she
may be subject to no less than a fifteen (15) year mandatory federal prison
sentence. Even more disconcerting, however, is that the same individual
may be sentenced to as much as life in federal prison under the federal
The Armed Career Criminal Act of 1984 (ACCA) has been scrutinized lately
by the U.S. Supreme Court and several federal district courts, including
the Federal District Court for the Northern District of Ohio. Simply put,
the law is vague as to what constitutes an offense of violence or other
qualifying offense under the statute. Consequently, several cases are
being argued all over the country that will effect the Armed Career Criminal
Act’s application to individuals charged with federal crimes.
The criminal defense litigation team at The Stone Law Firm, LTD are currently
actively involved in this fight right now in the Eastern Division of the
Federal District Court for the Northern District of Ohio. We are actively
fighting for a client who would not otherwise qualify for the ACCA if
it were not for crimes that he committed more than twenty (20) years –
almost thirty (30) years- ago. Our office is relentlessly challenging
the applicability of the ACCA, specifically its definition of a “violent
crime.” Most recently, the team filed an appeal to the Sixth Circuit
Court of Appeal, challenging a trial court’s decision that the ACCA
applied to its client.
Lead counsel, Adam Stone; in-house investigator, Michael McBeth, intern,
Michael Brown; and our newly minted attorney, Sarah M. Walter have spent
countless hours preparing briefs and appeals to be argued within the Eastern
Division of the Federal District Court for the Northern District of Ohio,
or if necessary, the Sixth Circuit Court of Appeals.
At The Stone Law Firm, LTD we have experience dealing with complex federal
criminal litigation that can have a lasting effect on a client’s
entire life, as well as the lives of his or her children and loved ones.
It is imperative that those individuals who may be under investigation
or under arrest for any federal (or state) charges assert their right
to remain silent and their right to an attorney. It does not matter whether
he or she actually committed any crime, remaining silent until he or she
has spoken with a competent criminal defense attorney is often the difference
in finding the truth and/or successfully asserting a defense to any qualifying
criminal offense under the Armed Career Criminal Act.
The Stone Law Firm, LTD is conveniently located in Bucyrus, Ohio –
equidistant to all federal district courts in the Northern District of
Ohio and the Columbus, Ohio division of the Federal District Court for
the Southern District of Ohio. In addition, managing partner and lead
criminal defense attorney, Adam Stone, handles state court criminal matters
throughout Northcentral Ohio and represents individuals throughout Crawford,
Seneca, Wyandot County and all over Northcentral Ohio.
If you are under investigation for violation of any federal crime, you
may be in danger of being charged under the Armed Career Criminal Act,
based upon the nature of the new offense and your criminal history. If
you or a loved one needs guidance through these difficult and potentially
life-altering investigations anywhere in Ohio or across the country, we
invite you to contact us today for a