Mandatory Minimum Sentences Federal

Mandatory Minimum Sentences Federal

You’re facing federal charges with mandatory minimum sentence – required minimum prison term judge must impose regardless of circumstances. Mandatory minimums eliminate judicial discretion for certain offenses: drug trafficking (5, 10, 20 years or life depending on drug type and quantity), firearms offenses (5, 7, 10, 15 years depending on circumstances), child pornography (5, 10, 15 years), certain fraud offenses. Judge cannot sentence below mandatory minimum unless you qualify for exceptions: substantial assistance to government (5K1.1 motion), safety valve for drug defendants meeting criteria. Mandatory minimums result in harsh sentences even for first-time offenders with minimal roles.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We’ve helped clients avoid mandatory minimums through safety valve, cooperation, and charge negotiations. Understanding mandatory minimums and available exceptions is critical. Call 212-300-5196.

Common Mandatory Minimums

Drug trafficking: 5 years for 5+ kilograms cocaine, 28+ grams crack, 50+ grams meth. 10 years for 50+ kilograms cocaine, 280+ grams crack, 500+ grams meth. 20 years if death or serious injury results. Life if prior drug felony. Firearms: 5 years for felon in possession (18 U.S.C. § 922(g)), 10 years for using/carrying firearm during drug trafficking or crime of violence (§ 924(c), runs consecutive), 25 years for second § 924(c) conviction. Child pornography: 5 years for possession, 15 years for production. These minimums apply even to defendants with no criminal history, sympathetic circumstances, or minor roles.

Exceptions and Strategies

Safety valve (18 U.S.C. § 3553(f)): drug defendants can avoid mandatory minimum if: (1) no more than 1 criminal history point, (2) no violence or weapon, (3) offense didn’t result in death/injury, (4) not organizer/leader, (5) truthfully provided all information to government by time of sentencing. This allows judge to sentence below mandatory minimum. Substantial assistance (5K1.1 motion): if you cooperate with government providing substantial assistance prosecuting others, prosecutors can file motion allowing judge to sentence below mandatory minimum. Charge negotiations: attorneys negotiate with prosecutors to reduce charges to offenses without mandatory minimums. Todd Spodek has helped clients avoid mandatory minimums saving decades of imprisonment. Call 212-300-5196 for strategic defense against mandatory minimum charges.