Mandatory Minimums
Many charges in Florida carry “mandatory minimums” which limit a judge’s ability to sentence a person.. When a person is facing a charge that carries a mandatory minimum, the judge is often required by law to sentence the person to a minimum period of incarceration, even if the judge does not feel that the case calls for such a punishment. Often, mandatory minimums put a defendant in the very tough position of either accepting a deal they are unhappy with or taking their shot a trial— a trial where the consequences for losing could be extreme and life-destroying.
An example of a mandatory minimum can be seen in Florida’s DUI Manslaughter Statute, 316.193(3)(c) states,
“A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.”
Another example can be found in Florida’s Drug Trafficking statute 893.135:
“[If the cocaine] is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.”
The word “shall” in these laws makes it such that the judge has no legal option but to sentence the person to at least the amount of incarceration stated in the statute, even if the judge does not believe the case would otherwise call for such a punishment.
Mandatory minimums can all but make the Florida Sentencing Guidelines irrelevant. For example, an Aggravated Battery (Firearm) charge might only score 40 months under the Guidelines, but also carry a 25-year mandatory minimum under Florida’s 10-20-Life statute if the victim was shot during the crime. The 25-year mandatory minimum would control the judge’s sentencing abilities.
Mandatory Minimums can often create very high stakes scenarios and should not be taken lightly. Decisions, such as going to trial, can often involve extreme, life-altering stakes.
If you or a loved one is facing a charge that carries a mandatory minimum and you are seeking guidance, contact me to discuss the situation.
