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What are mandatory minimum sentences?

Mandatory minimum sentences are fixed prison terms for certain crimes. This means that if the defendant is found guilty, they must serve at least the minimum sentence imposed by the state. Key features of minimum sentences include no early release before the minimum sentence is fulfilled, applied to both felonies and misdemeanors, and these are typically applied to drug crimes, violent crimes, and previous offenders. 

There are crimes that can be construed as a misdemeanor or a felony depending on the facts and circumstances of the case. In the state of California, these are called “wobblers” and it is possible to, with good legal representation, get a felony charge down to a misdemeanor. 

Felony mandatory minimum sentences typically range from 16 months to 2 years, but can increase depending on aggravated factors and the defendant’s criminal history. 

Misdemeanor mandatory minimum sentences range from 0 to 2 days, however if this is not your first offense the sentence will increase. It is best to consult an experienced criminal attorney in order to get an accurate determination of the mandatory minimum sentence for your charge.  

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