{"id":352286,"date":"2024-01-02T16:18:47","date_gmt":"2024-01-02T21:18:47","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/criminal\/criminal-procedure\/mandatory-sentences-uniformity-and-consistency.html"},"modified":"2026-09-30T10:39:17","modified_gmt":"2026-09-30T15:39:17","slug":"mandatory-sentences-uniformity-and-consistency","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/mandatory-sentences-uniformity-and-consistency.html","title":{"rendered":"What Is a Mandatory Minimum Sentence?"},"content":{"rendered":"\n
\n

What Is a Mandatory Minimum Sentence?<\/h1>\n\n
\n
\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

A mandatory minimum sentence<\/span> is a specific prison term required by law for certain crimes. In the federal system, it creates a hard “floor” for sentencing. A judge can\u2019t sentence a defendant to less time unless a specific legal exception applies.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

\n

Most criminal offenses do not have mandatory sentences. Depending on the circumstances, an offense such as assault may be a misdemeanor or a felony, with possible sentences ranging from a few months in jail to lengthy prison time. Federal courts use the U.S. Sentencing Guidelines<\/span><\/a>, a handbook and table that outline how judges evaluate offenses and determine an appropriate sentence.<\/p>\n

Under mandatory minimum <\/span>sentencing<\/span> guidelines<\/span>, the law imposes a bare minimum sentence for an offense. A judge or jury can\u2019t impose a sentence below the minimum required by the statute. Understanding this concept is critical, as it operates differently from the more flexible U.S. Sentencing Guidelines<\/span>.<\/p>\n

This article focuses primarily on the federal criminal justice system<\/span>. However, many states have their own mandatory minimum sentencing<\/span> laws<\/span><\/a>, which often operate differently. If you\u2019re facing criminal charges, consider speaking with a criminal defense attorney<\/span><\/a> for legal guidance.<\/p>\n

Mandatory Minimums vs. Federal <\/span>Sentencing Guidelines<\/span><\/h2>\n

Federal criminal courts follow two main sentencing frameworks. Let\u2019s take a closer look at the differences between them and what you should expect:<\/p>\n