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Mandatory Minimum Sentences

Mandatory minimum sentences are mandated by law and limit the discretion of judges in sentencing.

Mandatory minimum sentences in Florida are specific, predetermined prison terms that must be imposed upon conviction for certain criminal offenses. These sentences are mandated by law and limit the discretion of judges in sentencing. Florida statutes outline mandatory minimum sentences for various crimes, particularly those involving serious offenses or repeat offenders.


Here are some key points about mandatory minimum sentences in Florida:


Drug Offenses: Florida imposes mandatory minimum sentences for drug trafficking offenses based on the type and quantity of drugs involved. For example:

  • Trafficking in cocaine: Mandatory minimum sentences range from 3 years for 28 grams or more to 25 years for 400 grams or more.

  • Trafficking in heroin: Mandatory minimum sentences range from 3 years for 4 grams or more to 25 years for 30 kilograms or more.


Firearm Offenses: Mandatory minimum sentences apply to offenses involving the use of firearms during the commission of certain crimes. For instance:

  • Actual possession of a firearm by a convicted felon: Minimum sentence of 3 years.

  • Use of a firearm during the commission of a felony: Minimum sentence of 10 years, which must be served consecutively to any other imposed term.


Violent Crimes: Some violent crimes carry mandatory minimum sentences, particularly those involving serious bodily harm or death. For example:

  • Assault, aggravated assault, or battery: Certain offenses may carry mandatory minimum sentences.

  • Manslaughter: Minimum sentence of 9 1/4 years for a standard offense, with higher penalties for aggravated or firearm-related manslaughter.


Repeat Offenders: Florida's "10-20-Life" law imposes mandatory minimum sentences for certain crimes committed with a firearm by repeat offenders:

  • 10-20-Life Law: Requires a minimum sentence of 10 years for certain felonies where a firearm is possessed or discharged, 20 years if the firearm is discharged, and 25 years to life if someone is injured or killed.


Sex Offenses: Certain sex offenses carry mandatory minimum sentences, especially those involving minors or violent acts.


Sentencing Enhancements: In addition to mandatory minimum sentences, Florida has sentencing enhancements for habitual offenders. These enhancements can substantially increase the length of a sentence based on the defendant's prior criminal record.


It's important to note that mandatory minimum sentences leave judges with little discretion and often result in harsh penalties. However, there are situations where exceptions or reductions can be made, such as through plea bargaining or when a defendant provides substantial assistance to law enforcement.


For detailed information on specific mandatory minimum sentences in Florida, it's best to refer directly to Florida statutes.  If you have questions about mandatory minimum sentences, contact Howeller Law P.L.L.C. today.  Consultations are always free.

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Daytona Beach, Florida 32114

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Longwood, Florida 32750

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Disclaimer: The information on this website is intended to be informational only and does not establish an attorney-client relationship, nor is it meant to be legal advice for any specific matter. Neither this website nor an email or web form submission establishes an attorney-client relationship with Howeller Law P.L.L.C. or its attorneys. Readers should not act upon any information without seeking the advice of licensed counsel.

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