Per federal sentencing guidelines, there are mandatory minimum sentences connected with specific crimes. The basis for this is to ensure that if two people are charged with identical crimes that they will receive similar sentences—even if one was in Massachusetts and the other was in Oregon.
An Example Of A Mandatory Minimum
The mandatory minimum sentencing is the length of a sentence determined by federal statutes. Take a look at some of the following examples. If you are caught and charged with possessing 500g of cocaine, the mandatory minimum sentence you can receive is five years. However, if the amount you had on you was 5 kilos or more, that sentence is increased to ten years.
Now imagine you are charged with possessing a minimum of 500g of cocaine – if convicted, are you 100% guaranteed to receive a minimum of a five-year sentence? No, you are not. The purpose of this article is to examine how and under what circumstances you can avoid getting tied to a minimum sentence.
Prerequisites For A Shorter Sentence
There are two ways in which you can get under the minimum mandatory sentence for your specific crime. Although we will go over the first way now, the second one will be published in our next blog.
Your lawyer will always fight for you to receive the best treatment that the law allows for. To have your sentence reduced to something less than what the federal statutes dictate, you must meet all of these five requirements.
Your criminal history is quantified in terms of points. You cannot have more than four criminal history points (1). In terms of the crime that was committed, the role you played in it is essential. You cannot have been the leader or organizer of the crime that was committed (2). How the crime was committed, and the results thereof will be considered. For instance, no weapons could have been used during the commission of the crime, and your actions cannot have caused serious injury or death to another person (3&4).
Lastly, you have to be prepared to make a truthful declaration about your role in the crime you are being convicted of (5).
Being arrested and charged with a crime can be a frightening and stressful experience. At Puglisi Law, we want you to know that you have someone on your side—us. We will take the time to ensure you understand the process that lies ahead. For a free consultation, contact Puglisi Law.