A convicted defendant must serve a minimum punishment for certain criminal
offenses due to mandatory minimum sentencing laws. This law is considered
to be a “one size fits all” approach and does not allow judges
to use their discretion upon sentencing.
The actual mandatory sentencing guidelines vary based on the type of crime.
Some of these crimes are seen as “more serious” in nature.
The three types of crimes Florida law defines as “more serious” include
sex crimes, and gun crimes.
Florida law sets forth mandatory minimum sentences for certain drug crimes,
including drug trafficking. Charges for drug trafficking are typically
brought when an individual possesses over a specific amount. Law enforcement
authorities generally assume that carrying large amounts of illegal substances
means the accused intended to sell, distribute, or transport those drugs.
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.
On the other hand, there is only one sex crime that will result in mandatory
minimum sentencing. Any adult over 18 years of age who commits the lewd
or lascivious molestation of a child under 12 years old will face life
in prison and a 25-year mandatory minimum sentence. Additionally, the
convicted individual must register as a sex offender for life.
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
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
Stepniak & Park today!