How Do Mandatory Minimums Work in New York? 5 Key Things to Know

Mandatory minimum sentencing laws require that individuals convicted of certain crimes receive a minimum sentence. These laws restrict judges' discretion in setting appropriate sentences based on the facts of each case. Understanding how these laws work is important for anyone facing criminal charges in New York.

1. Mandatory Minimums Set a Floor for Sentences

Mandatory minimums set a baseline sentence that must be imposed when someone is convicted of particular offenses. For example, New York has mandatory minimums ranging from 1-15 years for violent felonies like armed robbery or assault. Judges cannot go below this floor even if they think a lower sentence would be more appropriate. The judge can give a longer sentence, but not below the minimum.

2. They Apply to Specific Charges

New York's mandatory minimums target particular serious and violent crimes. These include:

Violent felonies like armed robbery, assault, murder
Major drug offenses like selling large quantities
Sex offenses
Gun possession charges
Terrorism

They do not apply to every crime. But for those charges that do carry a mandatory minimum, the judge cannot ignore the required sentence if there is a conviction.

3. Mandatory Minimums Reduce Judicial Discretion

By setting a sentencing floor, mandatory minimums transfer power away from judges to impose appropriate sentences. Without these laws judges could give lower sentences by considering factors like:

Defendant's minor role in the crime
Lack of criminal history
Potential for rehabilitation

But with mandatory minimums the judge cannot consider these mitigating factors. The judge's hands are tied even when the mandatory minimum penalty seems excessive.

4. They Put Pressure on Defendants to Plead Guilty

Facing long mandatory minimum sentences puts intense pressure on defendants to plead guilty. Even if they have a valid defense, defendants may plead to lesser charges to avoid mandatory minimums. Over 90% of criminal cases end in plea deals. Mandatory minimums are a key reason why. Defendants plead guilty to avoid charges carrying long mandatory sentences, even if they could prove their innocence at trial.

5. Some Mandatory Minimums Are Under Attack

There is growing recognition that mandatory minimums lead to excessive sentences without improving public safety. Some key leaders in New York are pushing to reform these laws, including:

Attorney General Letitia James
Chief Judge Janet DiFiore
NYC Mayor Eric Adams

There is particular focus on reforming mandatory minimums for non-violent drug offenses. Several other states have already repealed mandatory minimums with positive results. Similar reforms may be coming soon to New York as well.

Conclusion

New York's mandatory minimum sentencing laws require judges to impose harsh sentences for certain offenses, with violent felonies carrying terms from 1-25 years. These laws apply to specific charges like robbery, assault, and drug distribution. Mandatory minimums transfer sentencing power from judges to legislators by setting a sentencing floor. They also pressure defendants to plead guilty to avoid facing excessive mandatory penalties. There is growing momentum for reforming mandatory minimums in New York. But for now these laws remain in effect and have a profound impact on sentences for certain charges. Understanding how mandatory work is critical for anyone facing charges in New York's criminal justice system.

Resources

How New York's Rockefeller Drug Laws Set the Stage for Mass Incarceration - Reddit discussion Video Explaining Mandatory Minimums Latest Reform Efforts in New York

How Do Mandatory Minimums Work in New York? 5 Things to Know