20 Year Mandatory Minimum.

A mandatory minimum statute is, as its name suggests, mandatory. It requires the presiding judge to impose a sentence of at least the specified term, and, in this scenario, at least twenty years. A statute that includes a mandatory minimum also limits a judge’s sentencing authority, and this means that judges will generally be unable to sentence defendants to terms of imprisonment below the statutory mandatory minimum unless they are specifically authorized under the statute. At Spodek Law Group, our lawyers will work to explore every possible avenue for reducing our clients’ exposure to federal prison in these cases. In many cases, a statutory twenty-year mandatory minimum sentence can constrain a sentence even if the calculated Guidelines range allows for a shorter prison term. If the defendant’s exposure to a statutory mandatory minimum is triggered, the statutory mandatory minimum takes precedence over the calculated Guidelines range, and the court must impose a sentence that satisfies the statute’s mandatory minimum. Then, and only then, can the court take any other factors that may be relevant into consideration, including those that can increase or decrease the final sentence. Does a statutory mandatory minimum apply in all cases in which a defendant can be convicted of an offense carrying a twenty-year maximum sentence? No, this is not the case. While there are numerous federal offenses that have statutory maximums of twenty years, many of these offenses do not carry statutory mandatory minimums. In some cases, the mandatory minimum applies to some offenses under the statute, but not to all. While the wording in federal law can be confusing, a twenty-year maximum sentence is different from a twenty-year mandatory minimum sentence. One prohibits judges from imposing any sentence above the twenty-year threshold, and the other prohibits judges from imposing any sentence below a twenty-year threshold.

How does Florida’s 10-20-Life law turn firearm conduct into mandatory prison time?

Florida’s mandatory minimum statutes include a “10-20-Life” law that targets firearm conduct during the commission of a variety of crimes. The penalties under Florida’s 10-20-Life law depend on how the weapon is used, and they are, themselves, mandatory. They are imposed in addition to any penalties for the underlying crime or offenses to which the defendant is convicted.

Ten Years Minimum for Possessing a Firearm

Under the first sentencing provision of Florida’s 10-20-Life law, a defendant convicted of a qualifying felony who actually possessed a firearm or destructive device during the offense generally must receive a minimum term of ten years, subject to statutory exceptions. Some Florida felonies may trigger the imposition of the mandatory ten-year sentence even if the defendant was merely in possession of the firearm.

Twenty Years Minimum for Discharging a Firearm

Under the second provision of Florida’s 10-20-Life law, if a defendant is convicted of any qualifying offense and the defendant discharged a firearm during the commission of the offense, he or she must be sentenced to at least twenty years of imprisonment in state prison. Here too, the twenty-year mandatory sentence would be imposed in addition to the defendant’s underlying offense sentence (or offenses sentence, if applicable), and it would be imposed unless a particular statutory exception applies.

Twenty-Five Years to Life for Discharge Resulting in Death or Great Bodily Harm

Under the third provision of Florida’s 10-20-Life law, if the defendant’s discharge of the firearm causes an injury or death, he or she will be sentenced to twenty-five years to life in state prison. In short, here in Florida, firearm sentencing consequences are determined by how the weapon was used, or not used, during the commission of certain offenses. However, even in cases in which the offense carries a twenty-year mandatory minimum sentence, there may be other options available, such as challenging the offense, working toward a favorable plea deal with the prosecutors, or proving a statutory exception.

Which federal charges create separate mandatory sentencing floors?

While twenty-year mandatory minimums are extremely serious, they are certainly not the only mandatory minimums that federal prosecutors can use to secure long prison sentences. The U.S. Department of Justice lists several other mandatory sentencing floors that can apply in many federal criminal cases. Here are a few of the most common: - Drug Trafficking Violations (21 U.S.C. § 841). Federal drug trafficking charges under 21 U.S.C. § 841 can carry a mandatory minimum of five years, ten years, or twenty years of imprisonment. Depending on the substance involved and the amount manufactured, possessed, distributed, or sold, this is a very real possibility for many federal defendants.

• Use or Possession of a Firearm During the Commission of a Drug Trafficking Crime (18 U.S.C. § 924(c)). 18 U.S.C. § 924(c) is one of the few federal statutes that adds consecutive mandatory imprisonment to the total sentence. A defendant convicted of a drug-trafficking crime under Section 841 who uses or carries a firearm during and in relation to that crime, or possesses a firearm in furtherance of it, is subject to additional sentencing under Section 924(c). This statute generally triggers an additional five, seven, or ten years of imprisonment depending on the specific conduct at issue; other mandatory minimums apply in specified circumstances, including certain weapons and prior § 924(c) convictions.
• Drug Violations Involving a Firearm (18 U.S.C. § 924(c)(2)). Under the Armed Career Criminal Act, 18 U.S.C. § 924(e), a person convicted under 18 U.S.C. § 922(g) who has three qualifying prior convictions faces a minimum sentence of fifteen years.
• Drug Violations Resulting in Death (21 U.S.C. § 841(b)(1)). For certain drug violations under 21 U.S.C. § 841(b), death or serious bodily injury resulting from the use of the substance can trigger a twenty-year mandatory minimum. This can become a very real possibility for defendants in cases involving the sale and distribution of fentanyl.

When can federal exceptions or cooperation move below a statutory floor?

The federal safety valve, which appears in 18 U.S.C. § 3553(f), provides a procedural exception for certain drug defendants to receive a sentence below the mandatory minimum. By qualifying under the safety valve, defendants can become eligible for a sentence below the statutory mandatory minimum, with the sentence imposed under the Guidelines and subject to 18 U.S.C. § 3553(a). The First Step Act of 2018 substantially expanded safety-valve criminal-history eligibility in order to extend this important procedural protection to a broader class of defendants. Currently, eligibility for the federal safety valve under 18 U.S.C. § 3553(f) requires fulfilling five statutory conditions. The safety-valve requirements include the criminal-history limitations in 18 U.S.C. § 3553(f)(1), as well as requirements that the defendant did not use violence or credible threats of violence or possess a firearm in connection with the offense, that the offense did not result in death or serious bodily injury, that the defendant was not an organizer, leader, manager, or supervisor, and that the defendant truthfully provide the government all information and evidence concerning the offense and related conduct. In addition to this, federal appellate courts have disagreed about the use of the conjunction “or” in these safety-valve eligibility criteria. While some courts maintain that any of these disqualifications alone bar use of the safety valve, others argue that multiple prior offenses that satisfy the criteria are necessary to make a defendant ineligible. This is a great example of why it is important to understand the latest developments in statutory interpretation, especially regarding mandatory minimum sentences. When it comes to protecting our clients from unnecessary prison time, these arguments may be relevant. With our clients’ future at stake, we consider the best possible legal strategies.

How should you evaluate a challenge, a reduction, or a lawyer’s fee claim?

- What is a target letter? A target letter from the U.S. Department of Justice (DOJ) or the U.S. Attorney’s Office signifies that you are a target in a federal grand jury investigation. It is not, in and of itself, a criminal charge, though it may indicate that the grand jury is considering whether to return an indictment.

• What is a pre-indictment defense? Pre-indictment defense advocacy is extremely important in many federal criminal cases, and it can help to avoid the consequences of federal indictments and the federal trial process in all cases. In some cases, pre-indictment defense advocacy can help prevent charges, and in others, it can narrow the scope of proposed charges.
• How can I challenge a twenty-year mandatory minimum sentence? How can you challenge a mandatory minimum sentence? You can challenge the applicability of a mandatory minimum sentence through arguments related to the charging offenses, the government’s proof, and the statutory interpretation of a given mandatory minimum statute (or statutes). These are just examples, and federal criminal defendants have a variety of additional ways to challenge mandatory minimum sentences as well.
• What is the average criminal-defense attorney retainer fee? Is it possible to find the average criminal-defense attorney retainer fee? This is a difficult question to answer, as the available research does not establish a meaningful average. As a result, the best way to gauge the costs of criminal defense services is to speak directly with experienced lawyers.
• What is a criminal-defense fee agreement? A criminal-defense fee agreement is a contract between a criminal-defense attorney and a defendant. The agreement will outline the defendant’s financial obligations, including the attorney’s retainer fee and hourly rate (if applicable), as well as the attorney’s obligations. Criminal-defense billing arrangements can vary greatly based on a range of factors. These factors include the complexity of the case, the jurisdiction involved, the attorney’s experience and reputation, and the amount of litigation that is anticipated. As a result, it is very common for experienced criminal defense lawyers to offer their services on a flat fee or hourly fee basis.

Talk to Spodek Law Group

Every case turns on its own facts, and general information is no substitute for advice about yours. Todd Spodek, managing partner of Spodek Law Group, and the firm's attorneys defend federal criminal and white collar matters nationwide. Reach the firm at 888 348 8028.