The Armed Career Criminal Act – What is it and how could it impact criminal sentences?

The Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), imposes a mandatory
15-year minimum sentence for anyone who is found guilty of illegally possessing a firearm and
who has at least three prior convictions for “violent felonies.” Congress enacted ACCA to
address the dangers associated with armed career criminals. A House Report prepared for
Congress found that it was this smaller percentage of repeat offenders who committed a large
percentage of all violent crimes.

To combat this danger, ACCA enhances the sentence of anyone who is convicted under
18 U.S.C. § 922(g) of being a felon in possession of a firearm if that person has three or more
prior convictions of a violent felony or serious drug offense. Section 924(e) defines serious drug
offenses as those punishable by imprisonment for 10 years or more. An offense qualifies as a
violent felony if it has as an element of the use, attempted use, or threatened use of physical force
against another person. In order to determine if an offense necessarily involved the use,
attempted use, or threatened use of physical force, courts use what is called the categorical
approach. If any of the acts, even the least culpable, do not entail the required force, the statute
cannot serve as an ACCA predicate.

In United States v. Love, the Seventh Circuit interpreted a defendant’s prior offense under
Ind. Code § 35-42-2-1(a)(2)(A) for battery resulting in bodily harm to determine whether it was a
violent felony. Under the statute, battery resulting in bodily harm required what the court called
the “touching element”, the knowing or intentional touching of another in a rude, insolent, or
angry manner. The defendant argued that the touching element could be accomplished by a mere
unwanted touch and therefore did not require the use, attempted use, or threatened use of
physical force. The court disagreed and held that the touch required under the statute must be
violent in order to result in the bodily harm necessary to prosecute someone under this law. As
such, battery resulting in bodily harm is a violent crime and predicate offense for ACCA.

For your criminal defense needs, McNeelyLaw LLP has it all. To talk to an experienced
criminal defense attorney, call McNeelyLaw LLP at (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or
legal opinion of any specific facts or circumstances. The contents are intended for general
informational purposes only, and you are urged to consult your own lawyer on any specific legal
questions you may have concerning your situation.