For certain criminal offenses, mandatory minimum sentences apply. This
law is considered to be a “one size fits all” approach and
does not allow judges to use their discretion upon sentencing.
The amount of time for each sentence is based on the type of criminal offense.
The three types of crimes Florida law defines as “more serious” include
drug crimes,
sex crimes, and gun crimes.
Drug Crimes
Depending on the amount of drugs a person has in possession, charges for
drug trafficking can be brought. Police generally assume that large quantities
of a controlled substance, as well as the presence of a scale or loads
of cash, is considered trafficking.
The following are the mandatory minimum sentences for drug crimes based
on the amount of the controlled substance in question:
-
Three years – One gram of LSD, 10 grams of MDMA, one kilogram of GHB, four grams
of Flunitrazepam, 14 grams of Amphetamine, 200 grams of Methaqualone,
28 grams of Phencyclidine, 28 grams of Cocaine, four grams of Opiates,
seven to 14 grams of Oxycodone, 14 to 28 grams of Hydrocodone, or 25 pounds
or 30,000 plants of Cannabis.
-
Seven years – Five grams of LSD, 200 grams of MDMA, five kilograms of GHB, 14
grams of Flunitrazepam, 28 grams of Amphetamine, five kilograms of Methaqualone,
200 grams of Phencyclidine, 200 grams of Cocaine, 14 to 25 grams of Oxycodone,
28 to 50 grams of Hydrocodone, or 2,000 pounds of cannabis.
-
15 years – Seven grams of LSD, 400 grams of MDMA, 10 kilograms of GHB, 28
grams of Flunitrazepam, 200 grams of Amphetamine, 400 grams of Phencyclidine,
400 grams of Cocaine, 14 grams of Opiates, 25 to 100 grams of Oxycodone,
50 to 200 grams Hydrocodone, or 10,000 pounds of cannabis.
-
25 years – 28 grams or more of Opiates, 100 grams or more of Oxycodone, or
200 grams of more of Hydrocodone.
Sex Crimes
On the other hand, mandatory minimum sentencing applies for getting only
one sexual offense. Additionally, the convicted individual must register
as a sex offender for life.
Gun Crimes
Florida Mandatory Minimum Sentences for Guns
10-20-Life is the common name of Florida’s minimum mandatory laws
relating to gun crimes; however, the title is a tad deceiving since there
are also three-year mandatory minimum sentences and 25-year mandatory
minimum sentences.
For example, possession of a firearm during the commission of a felony
results in a mandatory minimum sentence of three or 10 years. Possession
and discharge of a firearm during the commission of a felony leads to
a 20-year mandatory minimum sentence. Lastly, possession and discharge
of a firearm that causes great bodily harm or death during the commission
of a felony results in a 25-year to life mandatory minimum sentence.
If you have been charged with a crime in Florida,
request a free consultation with our
Dayton Beach criminal defense lawyer at
Law Offices of Robert Stepniak today!