Plain-English summary
Court affirms that knowingly causing injury or death — by act or omission — counts as "use of physical force" under §924
The Court held that intentionally or knowingly causing serious bodily injury or death, whether by action or by failing to act, satisfies the "use of physical force" element in 18 U.S.C. §924(c)(3)(A). The Second Circuit's ruling was affirmed.
Why this matters
This decision clarifies how federal courts should interpret the phrase "use of physical force" in §924(c)(3)(A). It affects whether certain non-violent-looking offenses that nonetheless require proof that a defendant caused serious injury or death (including by failing to act) count as "crimes of violence." That classification carries major sentencing consequences: it can trigger mandatory minimum penalties and enhanced punishments for using or carrying a firearm in connection with a "crime of violence."
Who may feel it
- Defendants charged under federal firearms statutes that enhance penalties based on a predicate "crime of violence"
- Criminal defense attorneys and prosecutors in federal cases
- People convicted of offenses involving causing injury or death, including by omission, where those offenses are used as§
- sentencing predicates