First of all, a mandatory minimum sentence is a minimum number if years in prison the state government has set for certaing types of crimes. This means that if you are accused of one of these crimes and are convicted, the judge must sentence you to at least the mandatory minimum term.
Mandatory minimum sentencing exists on a number of levels. While you can't go to prison for a misdemeanor DUI, there are mandatory sentences set out in the Florida Statutes. For further reading on DUI penalties, click here.
But for felonies, the State of Florida has set forth harsh sentences that must be followed. Some of these sentences are as follows:
For the crime of aggravated assault with a firearm, there is a 3-year mandatory minimum prison term if convicted.
For the crime of felon in possession of a firearm, there is also a mandatory 3-year term.
For crimes involving the possession of a firearm, such as armed burglary, armed robbery, and armed carjacking, there is a 10-year mandatory minimum. This mandatory 10-year term falls under Florida's 10-20-Life law.
As well, many trafficking offenses have severe mandatory minimum sentences. Crimes such as trafficking in cocaine, oxycodone, methamphetamine, and marijuana (including grow houses) carry stiff mandatory prison terms. For more detailed information on drug crime mandatory minimums, especially when dealing with oxycodone (OxyContin), click here. For more information on grow houses and marijuana trafficking click here. For more information on cocaine and cocaine trafficking mandatory minimums, click here.
When I was a prosecutor in South Florida, I dealt with mandatory minimums all the time. Now, as a criminal defense attorney, I am dedicated to getting my clients out from under these overly harsh penalties.
Mandatory minimums take discretion away from judges. It gives the State Attorney's Office complete control over how your case is decided. Only an experienced criminal defense attorney who has dealt with the waiver of mandatory sentences in Broward and Miami-Dade can provide you with your best chances of success.
Don't take a gamble when you are charged with a crime that carries a mandatory prison term. Call me, a criminal defense lawyer, today so that we may discuss your best options.