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Last Modified on Jun 18, 2026
If you are facing criminal charges, the phrase “mandatory minimum” can change the entire course of your case. Understanding Florida’s mandatory minimum sentences & how to fight them is essential.
With other criminal sentences, such as those for domestic violence in Fort Lauderdale or robbery in West Palm Beach, a judge can weigh the known facts of the case and show leniency. However, a mandatory minimum is a set sentence that the judge cannot deviate from.
What Is a Mandatory Minimum Sentence in Florida?
In a single year, over 14 million criminal offenses were reported to the FBI. While the Florida crime rate has decreased to well below the U.S. average in recent years, the state still has an incarceration rate of 795 per 100,000 people.
For some of these people, facing mandatory minimum sentences is a stark reality. The concept of a mandatory minimum sentence is relatively straightforward.
In Florida, for certain crimes, the convicted individual must serve a minimum sentence. When these sentences come into play, the judge involved in your case has no discretion to decrease the required punishment.
The guidelines regarding these sentences vary depending on the nature of your charge. In Florida, some of the key offenses that can be subject to mandatory minimum sentences include:
- Drug trafficking. Florida imposes strict mandatory minimum sentences for the crime of drug trafficking. These minimum sentences are typically based on the type and amount of drug involved in the alleged crime.
- Firearm crimes. Florida follows a “10-20-Life” law when it comes to mandatory minimum sentences for crimes that involve firearms. A defendant can face 10 years for possessing the firearm while also committing a felony, 20 years for firing the firearm, and 25 years to life if the discharge of said firearm causes death or injury.
- Dangerous sexual felony offenses. If an individual is convicted of a certain sex offense committed against a minor victim, they could face decades of prison time or life imprisonment without any ability to seek early release.
- Repeat offenders. For repeat offenders, mandatory minimum sentences can often come into play. If you are convicted of a third violent felony, you could face life imprisonment without the chance for parole.
- Violent crimes. There may be certain mandatory minimums for charges like aggravated assault and battery, particularly if the alleged crime involved a firearm. Mandatory minimums can also be involved in cases of first-degree murder or attempted murder should a firearm be involved.
- DUI causing death or injury. If an individual is convicted of manslaughter related to a DUI, then they can face a mandatory jail sentence. Additionally, there are more severe penalties that can be involved if the defendant fled the scene or if the act of DUI results in serious bodily injury.
How You Can Defend Against a Mandatory Minimum
When you come up against a mandatory minimum sentence in Florida, you need to speak with an experienced criminal defense lawyer who can battle against such penalties and work to protect your future. Depending on the facts and evidence related to your case, your lawyer may be able to launch one or a combination of the following defense strategies:
- Negotiate for a plea deal. In certain cases, your attorney may be able to negotiate with the prosecution to seek a charge reduction to one that does not carry with it a mandatory minimum sentence.
- Challenge evidence. If any evidence was improperly obtained, such as that secured through an illegal search and seizure, your lawyer may be able to move to have this evidence suppressed, which can lead to a dismissal or reduction of charges.
- Presenting mitigating factors. In some rare cases, a judge may be allowed a certain level of discretion in sentencing, especially if the accused party has no prior criminal history and strong ties to their community.
- Move for downward departure. In certain cases, Florida law does allow for downward departure from these minimum sentences. This can typically apply if the defendant has cooperated with law enforcement or it is proven that they only acted out of extreme duress.
FAQs
Can You Seek Probation Instead of a Mandatory Minimum?
You typically cannot seek probation instead of a mandatory minimum in Florida. When a mandatory minimum comes into play, the judge must follow the required sentence related to your prison term.
The only real exception can occur in a drug trafficking case where the defendant has provided the police a substantial amount of assistance. In these cases, the judge may impose a reduced sentence below the required minimum or impose probation.
How Much Does It Cost to Hire a Criminal Defense Lawyer in FL?
The cost of hiring a criminal defense lawyer in Florida can vary from case to case and from lawyer to lawyer. However, there are certain factors that can impact the final costs of all cases. These factors include the duration and difficulty of your case and the skill level, education, and experience of your defense attorney.
Are Mandatory Minimums the Same in Both State and Federal Courts?
Mandatory minimums are not the same in state and federal courts. They differ in both the length of your sentence and the offense covered.
If you find yourself facing charges in both the state and federal courts, understanding the related mandatory minimums for each system is essential. Your defense lawyer can help guide you through it.
What Florida Crimes Carry a Mandatory Minimum Sentence?
The Florida crimes that carry a mandatory minimum sentence include:
- All offenses related to drug trafficking
- Certain felonies that occur in relation to the use of a firearm
- Some sexual crimes
- DUI manslaughter
- Other violent crimes
The exact mandatory minimum sentence you can face for these charges depends on the offense itself and the factors of your case.
Hire a Criminal Defense Lawyer Today
If you or a loved one is facing mandatory minimum sentences in Florida, you need to hire a criminal defense lawyer as soon as possible. At the Law Offices of Nellie L. King, P.A., we strive to aggressively advocate for the rights of our clients and protect them from unfair punishments. Contact us online or by phone today to schedule your initial consultation.
