What is a minimum mandatory sentence?

A minimum mandatory sentence is a sentence spcified by the legislature for a particular offense or for particular facts associated with an offense. For example, Florida has the 10-20-life law with regard to the possession or use of firearms during the commision of certain enumerated felonies. If the criteria for the 10-20-life law is met, a court would generally have to sentence the offender to 10 years, 20 years or life depending on which criteria is met. The court genrally could not sentence below the applicable minimum mandatory sentence specified by the legislature. Minimum mandatory sentences must be served day-for-day, meaning that there is no gain-time (what some may refer to as "good-time" or "time off for good behavior").

There are some circumstances under which a court could sentence below a minimum mandatory sentence. For example, if the offender is clasified by the court as a "Youthful Offender," then the court would not be bound by the minimum mandatory sentence requirement. The court could also go outside the minimum mandatory penalty if the government agrees to do so.

If you are facing a minimum mandatory sentence or are concerned that you may be, then contact Orlando criminal defense attorney David A. Faulkner for help. Call today for a FREE CONSULTATION.