In Florida, mandatory minimum sentences are required for various crimes, meaning the judge has no discretion to impose a sentence below the mandated minimum, even if there are mitigating circumstances. Examples are violent crimes, drug offenses, crimes involving firearms and sexual offenses against minors. 

Here’s an overview of some key offenses that are subject to such penalties:

1. Drug trafficking — Florida has strict mandatory minimum sentences for drug trafficking, based on the type and amount of the drug involved.

2. Firearm offenses— Florida’s "10-20-Life" law imposes mandatory minimum sentences for crimes involving firearms: 10 years for possessing a firearm while committing a certain felony, 20 years for firing the firearm and 25 years to life if the firearm discharge causes injury or death.

3. Dangerous sexual felony offenders — Those convicted of certain sex offenses against minors face a mandatory minimum sentence of 25 years to life in prison (or 50 years if the offense was committed on or after October 1, 2014) without eligibility for early release. 

4. Repeat offender laws — A Habitual Violent Felony Offender (HVFO) is subject to mandatory minimum sentences ranging from five years to life. Under the “Three-Strike” law, a person convicted of a third violent felony may face life imprisonment without parole.

5. Violent crimes and specific offenses — Mandatory sentences can be imposed for aggravated assault and battery, particularly if it involves firearms or specific circumstances; for first-degree murder and for attempted murder if a firearm is involved.

6. DUI causing death or injury — A conviction for DUI manslaughter carries a mandatory minimum sentence of four years. Additionally, severe penalties apply if a DUI results in serious bodily injury or if the driver leaves the scene.

7. Controlled substances near schools or parks — Enhanced mandatory minimum sentences apply to drug-related crimes occurring within 1,000 feet of a school, park, or certain other public locations, particularly when involving minors.

An experienced criminal defense attorney can take several approaches in cases involving mandatory minimums, depending on the facts, the evidence and the defendant’s background. The attorney can:

• Challenge evidence — Suppression of improperly obtained evidence (e.g., due to lack of probable cause in a search) can lead to dismissal or reduction of charges.

• Negotiate plea bargains — Attorneys may negotiate with prosecutors to reduce the charge to one that does not carry a mandatory minimum sentence. 

• Present mitigating factors — In some cases, judges have discretion in sentencing, especially if a defendant has mitigating factors (such as no prior criminal record, strong community ties, or employment history). 

• Move for a downward departure — Florida law allows for downward departures from mandatory minimums under certain circumstances, such as cooperation with law enforcement or if the defendant acted under extreme duress.

At the Law Offices of Tad A. Yates, P.A. in Orlando, we aggressively advocate for the rights of Florida criminal defendants before and at trial, with an eye to pursuing the best outcome available given the facts of each case. Call 407-608-7777 or contact us online today to schedule a consultation.