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Crimes in Florida That Carry Mandatory Minimums

On February 26, 2016, Governor Rick Scott signed Senate Bill 228 (SB 228). The legislation deleted aggravated assault from the list of convictions carrying mandatory minimum terms of imprisonment if during the commission of the offense the convicted person possessed a firearm, destructive device, semiautomatic firearm and its high-capacity detachable box magazine, or machine gun.

Criminal charges that carry mandatory minimum sentences often put both alleged offenders and judges in difficult spots. A person who is accused of a crime that involves a possible minimum sentence may be less inclined to fight the charges at trial out of fear for the possible consequences of a conviction, giving a prosecutor substantial leverage in pretrial negotiations. Similarly, judges are powerless to deviate from mandatory minimum sentences even in cases in which an alleged offender has no prior criminal record.

While the change to the state’s law for aggravated assault with a firearm or other weapon offenses was certainly a welcome one, many other criminal offenses in Florida still carry very steep mandatory minimum sentences. Any person who is facing a possible mandatory minimum will want to immediately retain legal counsel for help possibly getting the criminal charges reduced or dismissed. Contact The Hoffman Firm as soon as possible.

Criminal Defense Lawyer in Fort Lauderdale

Alleged offenders can face mandatory minimum sentences for convictions relating to drug trafficking offenses under

Florida Statute § 893.135, including the following:

Controlled Substance Amount Fine Prison Sentence
Amphetamine, methamphetamine, any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine 14 grams or more, but less than 28 grams $50,000 Minimum of three years up to 30 years in prison
28 grams or more, but less than 200 grams $100,000 Minimum of seven years up to 30 years in prison
200 grams or more $250,000 Minimum of 15 years up to 30 years in prison
Cannabis More than 25 pounds, but less than 2,000 pounds

—or—

300 or more cannabis plants, but not more than 2,000 cannabis plants

$25,000 Minimum of three years up to 30 years in prison
2,000 pounds or more, but less than 10,000 pounds

—or—

2,000 or more cannabis plants, but not more than 10,000 cannabis plants

$50,000 Minimum of seven years up to 30 years in prison
10,000 pounds or more

—or—

10,000 or more cannabis plants

$200,000 Minimum of 15 years up to 30 years in prison
Cocaine 28 grams or more, but less than 200 grams $50,000 Minimum of three years up to 30 years in prison
200 grams or more, but less than 400 grams $100,000 Minimum of seven years up to 30 years in prison
400 grams or more, but less than 150 kilograms $250,000 Minimum of 15 years up to 30 years in prison
150 kilograms or more Life in prison with ineligibility for any form of discretionary early release
Flunitrazepam or any mixture containing flunitrazepam 4 grams or more but less than 14 grams $50,000 Minimum of three years up to 30 years in prison
14 grams or more but less than 28 grams $100,000 Minimum of seven years up to 30 years in prison
28 grams or more but less than 30 kilograms $500,000 Minimum of 25 years up to 30 years in prison
30 kilograms or more Life in prison with ineligibility for any form of discretionary early release
Gamma-hydroxybutyric acid (GHB) 1 kilogram or more but less than 5 kilograms $50,000 Minimum of three years up to 30 years in prison
5 kilograms or more but less than 10 kilograms $100,000 Minimum of seven years up to 30 years in prison
10 kilograms or more $250,000 Minimum of 15 years up to 30 years in prison
Hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof 14 grams or more, but less than 28 grams $50,000 Minimum of three years up to 30 years in prison
28 grams or more, but less than 50 grams $100,000 Minimum of seven years up to 30 years in prison
50 grams or more, but less than 200 grams $500,000 Minimum of 15 years up to 30 years in prison
200 grams or more, but less than 30 kilograms $750,000 Minimum of 25 years up to 30 years in prison
30 kilograms or more Life in prison with ineligibility for any form of discretionary early release
Lysergic acid diethylamide (LSD) 1 gram or more, but less than 5 grams $50,000 Minimum of three years up to 30 years in prison
5 grams or more, but less than 7 grams $100,000 Minimum of seven years up to 30 years in prison
7 grams or more $500,000 Minimum of 15 years up to 30 years in prison
Methaqualone (Quaalude) or any mixture containing methaqualone 200 grams or more, but less than 5 kilograms $50,000 Minimum of three years up to 30 years in prison
5 kilograms or more, but less than 25 kilograms $100,000 Minimum of seven years up to 30 years in prison
25 kilograms or more $250,000 Minimum of 15 years up to 30 years in prison
Morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin 4 grams or more, but less than 14 grams $50,000 Minimum of three years up to 30 years in prison
14 grams or more, but less than 28 grams $100,000 Minimum of 15 years up to 30 years in prison
28 grams or more, but less than 30 kilograms $500,000 Minimum of 25 years up to 30 years in prison
30 kilograms or more Life in prison with ineligibility for any form of discretionary early release
Oxycodone, or any salt, derivative, isomer, or salt of an isomer thereof 7 grams or more, but less than 14 grams $50,000 Minimum of three years up to 30 years in prison
14 grams or more, but less than 25 grams $100,000 Minimum of seven years up to 30 years in prison
25 grams or more, but less than 100 grams $500,000 Minimum of 15 years up to 30 years in prison
100 grams or more, but less than 30 kilograms $750,000 Minimum of 25 years up to 30 years in prison
30 kilograms or more Life in prison with ineligibility for any form of discretionary early release
Phencyclidine (PCP) or any mixture containing PCP 28 grams or more, but less than 200 grams $50,000 Minimum of three years up to 30 years in prison
200 grams or more, but less than 400 grams $100,000 Minimum of seven years up to 30 years in prison
400 grams or more $250,000 Minimum of 15 years up to 30 years in prison

Additionally, a person who is convicted of committing or attempting to commit murder, sexual battery, robbery, burglary, arson, aggravated battery, kidnapping, escape, aircraft piracy, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, unlawful throwing, placing, or discharging or a destructive device or bomb, carjacking, home-invasion robbery, aggravated stalking, or drug trafficking under Florida Statute § 893.135 can be sentenced to a minimum of 10 years in prison if he or she possessed a firearm or destructive device, 20 years if the firearm or destructive device was discharged, or 25 years if the firearm or destructive device was discharged and resulted in serious bodily harm or death.

Habitual felony offenders, habitual violent felony offenders, three-time violent felony offenders, and violent career criminals can also face mandatory minimum sentences for certain criminal convictions. Fort Lauderdale criminal defense attorney Evan A. Hoffman can review your case and help you understand all of your legal options as soon as you call (954) 524-4474 to schedule a free, confidential consultation.

 

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