Weisberg Law Blog

Mandatory Minimum Sentences

RECENTLY, I REPRESENTED A YOUNG MAN WHO WAS ACCUSED OF TWO COUNTS OF AGGRAVATED MALICIOUS WOUNDING, FIRING A WEAPON INTO A MOTOR VEHICLE, TWO COUNTS, AND FOUR CHARGES OF USE OF A FIREARM IN THE COMMISSION OF A FELONY. ALL TOGETHER THESE CHARGES CARRIED A MAXIMUM PENALTY OF TWO LIFE SENTENCES PLUS 58 YEARS, AND A MINIMUM SENTENCE OF 18 YEARS. MIND YOU THAT PAROLE WAS ABOLISHED FOR OFFENSES OCCURING AFTER JANUARY 1, 1995. SO ON FELONY MATTERS A CONVICTED DEFENDANT WOULD SERVE 85% OF ANY SENTENCE IMPOSED. IF MY CLIENT GOT THE MINIMUM, HE WOULD HAVE TO SERVE 15.3 YEARS. THE JUDGE WOULD HAVE NO OPTION BUT TO IMPOSE THIS TIME NO MATTER WHAT. LUCKILY, HE WAS FOUND NOT GUILTY AT TRIAL, SO HE WALKED OUT OF THE COURTROOM WITH ME AT THE END OF THE DAY.
BUT WHAT I WANTED TO TALK ABOUT ARE MANDATORY MINIMUM SENTENCES. THESE ARE SENTENCES THAT MUST BE SERVED, CAN NOT BE SUSPENDED, NO PROBATION , NO PAROLE. THEY ARE IMPOSED NO MATTER WHAT, 1ST OFFENDER, 2ND OFFENDER, ETC. THEY ARE IMPOSED WHETHER THE PERSON CONVICTED IS GOOD, BAD, OR IN BETWEEN. THEY GIVE THE JUDGE NO DISCRETION, NO CHOICE BUT TO IMPOSE THE TIME. WE DEFENSE LAWYERS SEE THIS AS A GROWING THING. WHEN I FIRST STARTED DOING THIS THESE MANDATORY MINIMUM SENTENCES WERE PRACTICALLY UNHEARD OF. NOW THEY ARE EVERYWHERE, FROM DRIVING OFFENSES, TO DRUG OFFENSES, TO WEAPONS CHARGES. THE ODD THING IS THERE IS NO MANDATORY MINIMUM SENTENCE FOR MURDER. WHILE FIRST DEGREE MURDER CARRIES 20 YEARS TO LIFE, THE SENTENCE IMPOSED MAY BE SUSPENDED. BUT NO SUSPENSION IS POSSIBLE FOR THE 10 DAYS REQUIRED FOR 3RD OFFENSES DRIVING WHILE YOUR PERMIT IS SUSPENDED. THESE LAWS SHOW A LACK OF TRUST OF OUR JUDGES. UNLESS FORCED TO DO SO THEY WILL BE THEIR OLE MARSHMELLOW SELVES. SO IT'S A GOOD THING THAT OUR REPRESENTATIVES ARE ON THE BALL WATCHING THEM.

Labels: criminal defense criminal sentence mandatory min sentence