When you visit a Criminal Defense Attorney in Long Beach, he or she may speak of minimum mandatory sentencing. What exactly is this and what does it mean for you? Although your Criminal Defense Attorney in Long Beach can explain exactly how this may pertain to your case, here are the basics of mandatory minimum sentencing.
Mandatory minimum sentencing is designed to impose a minimum sentence when specific crimes are committed. The judge has no say in the sentence in these cases and these sentences typically involves drug offenses. If you are caught with an illegal drug in a certain quantity, you may be sentenced using these laws, although there are other situations where the laws may apply.
In standard cases, the judge determines the sentence when you are found guilty at trial or you choose to plead guilty. The punishment is designed to fit the crime so guidelines have been put in place for a judge to use. The judge has some discretion when it comes to standard cases and looks at aggravating or mitigating circumstances when determining the punishment.
Factors the judge may consider include your involvement in the crime, whether others were injured in the commission of the crime and your mental state when the crime was committed. Were you the lead in the crime or did you act as an accessory? This is one question which will be asked and the judge doesn’t have to follow these guidelines, once he or she has taken all factors into consideration.
When mandatory minimum sentencing guidelines pertain to your case, the judge won’t have as much discretion. If you choose to plead guilty or are found guilty when the case goes to trial, you will get the minimum sentence required by law. The judge can choose to make the sentence longer, but he or she can’t make it any shorter.
Mandatory minimum sentencing is most commonly seen in federal drug cases. You’ll also see laws of this type in multiple felonies, often referred to as three strikes laws. When you’re convicted of three felonies, you may find yourself facing life behind bars. For this reason, you need an experienced criminal attorney and many turn to The Law Offices of Rondee J. Eagle. As your life hangs in the balance, you need someone on your side who understands the law and what it means for you.
