Florida’s Mandatory Minimum Sentencing Laws: What You Need to Know

What is a Mandatory Minimum Sentence?

In the last few decades, Florida legislators have introduced many laws prescribing mandatory minimum sentences in an effort to crack down on particular varieties of violent crimes. When a crime has a mandatory minimum sentence, it removes the judge’s discretion to impose a less harsh punishment based on mitigating factors. Regardless of the situation, if the case meets specific criteria, the judge must adhere to the minimum sentence, which can be as long as life in prison. However, they can always hand down a longer sentence if they believe it is appropriate.

Proponents of these laws argue they provide a strong deterrent against crime, but critics believe they unfairly impact minority groups and financially disadvantaged individuals. Mandatory minimums also leave little room for or alternative sentencing that could potentially assist in reducing the rates of recidivism and lessen the load on the overcrowded Florida prison system.

If you have been charged with a crime carrying a mandatory minimum sentence, you should seek knowledgeable legal representation as soon as possible. Severe, life-altering consequences can accompany a conviction, so presenting the most robust defense is essential.

What Types of Crimes Carry Mandatory Minimum Sentences in Florida?

Florida is known for having some of the most stringent mandatory minimum sentencing laws in the country. The thresholds for triggering mandatory minimums are quite low in many cases and can result in even first-time offenders spending significant time behind bars. There are three common categories of crimes with mandatory minimum sentencing guidelines, but these are not the only offenses that could result in these penalties. Because the state’s laws are complex, it is vital to consult with a lawyer to understand whether mandatory minimums could apply in your specific case.

Offenses Involving Firearms

Florida has a zero-tolerance policy for the possession or use of firearms in connection with another crime. This law is often known as the “10-20-Life Law” for the mandatory minimum sentences it imposes for gun-related crimes. You could face harsh repercussions if you are convicted of having, using, or attempting to use a firearm while committing a “forcible felony,” even if the firearm was not an element of the crime. Felonies where the 10-20-Life Law may be applied include crimes such as burglary, sexual battery, aggravated battery, murder, home invasion, drug trafficking, kidnapping, and other similar violent offenses.

The mandatory minimum sentences that will automatically be imposed in addition to the underlying felony conviction are as follows:

• For brandishing or possessing a firearm during the commission of specified felonies: 10 years in prison. If the weapon is a semi-automatic firearm, the minimum sentence is increased to 15 years.
• For firing the firearm during the commission of the felony: 20 years in prison.
• For discharging the firearm during the commission of the felony and causing death or great bodily harm: 25 years to life in prison.

Drug Trafficking

Florida statute § 893.135 outlines mandatory minimum sentences for drug trafficking, which vary based on the type and quantity of the controlled substance. Some examples of mandatory minimum penalties for trafficking include:

• Marijuana: Mandatory minimum sentence of three years for 25-1,999 pounds, seven years for 2,000 to 9,999 pounds, and 15 years for 10,000 pounds or more.
• Cocaine: Mandatory minimum sentence of three years for 28 to 199 grams, seven years for 200 to 399 grams, and 15 years for 400 grams to 149 kilograms. The court is required to impose a mandatory life imprisonment sentence for anyone convicted of trafficking 150 kilograms or more of cocaine.
• Methamphetamines: Mandatory minimum sentence of three years for 14 to 27 grams, seven years for 28 to 199 grams, and 15 years for 200 grams or more.

In addition to mandatory prison sentences, the law also requires offenders to pay substantial fines of $25,000 to $250,000. Florida has some of the most harsh drug trafficking laws in the country. Even first-time offenders caught trafficking small quantities of drugs could face significant time in prison. If you or a loved one have been accused of trafficking in any illegal substance, it is crucial to seek the counsel of an experienced Florida drug possession defense attorney who can uphold your rights and determine the best defense for your situation.

Violent Crimes

Violent crimes such as murder, sexual battery, and armed burglary carry strict minimum sentences in Florida, which are as follows:

• First-degree murder: Mandatory life imprisonment without parole.
• Attempted murder: Minimum sentence of 10 years.
• Sexual battery of a child under 12: Minimum sentence of 25 years to life.
• Armed burglary: Minimum sentence of three years.

Additionally, Florida is one of several states with a “Three Strikes Law” for habitual felony offenders. If an offender is convicted of a third violent felony within five years of their last felony conviction or it has been less than five years since they completed their sentence for their previous conviction, mandatory minimum sentencing guidelines could apply. The exact sentencing will depend upon your current charge(s) but could range from five years up to life imprisonment, with no opportunity for parole or early release.

How Can A Skilled Lawyer Assist You?

Anyone facing charges that involve the potential for a mandatory minimum sentence will require solid legal representation. Mandatory minimums not only remove the judge’s discretion in sentencing but can also impact potential plea deals and other aspects of the case. It is critical to seek a criminal defense lawyer with extensive experience handling these charges. To learn more about mandatory minimum sentencing and how it could affect your case, contact DeMichael Law today at 863-216-8131 to schedule a no-obligation consultation.