Facing a federal charge often means hearing two words that change the stakes: mandatory minimum. Not every federal offense carries one. But a large share of drug, firearm, and identity theft cases do, and once one applies, a judge cannot sentence below that floor no matter how sympathetic the circumstances.
The attorneys at the Law Offices of Robert Tsigler, PLLC handle high-stakes federal cases like these, including drug, firearm, and fraud charges in New York’s federal courts.
Which Federal Crimes Actually Carry a Mandatory Minimum
Mandatory minimums aren’t universal. Congress wrote specific floors into specific statutes, mainly drug trafficking offenses, certain firearm offenses, and aggravated identity theft. That last one carries a 2-year mandatory term that must run consecutively to any other sentence.
A fraud or theft case built on a stolen identity, for example, can trigger a mandatory term even when the underlying fraud charge itself has none.
The same floors apply in every federal district, including Brooklyn’s Eastern District and Manhattan’s Southern District.
How Drug Quantity Sets the Mandatory Minimum
Drug thresholds are based on the full mixture weight, not pure drug content, so even a diluted batch can trigger the top tier.
- 100 grams of heroin or 500 grams of powder cocaine trigger a 5-year floor; 1 kilogram of heroin or 5 kilograms of powder cocaine trigger 10 years.
- 28 grams of crack cocaine triggers 5 years; 280 grams triggers 10 years.
- 40 grams of a fentanyl mixture triggers 5 years; 400 grams triggers 10 years.
Firearm Charges and the Mandatory Add-On
A firearm used or carried during a drug or violent crime adds its own mandatory, consecutive sentence under federal law. Possessing the firearm in furtherance of the offense adds 5 years, brandishing adds 7, and discharging the firearm adds 10, stacked on top of whatever sentence the underlying crime carries. Congress changed how repeat firearm counts work in 2018.
The older, harsher 25-year enhancement now applies only after a prior conviction on a separate firearm charge has already become final. It no longer applies simply because a second count was filed in the same case.
Ways to Reduce or Avoid a Mandatory Minimum
Two main paths exist around a drug mandatory minimum: the statutory safety valve and cooperation with prosecutors. The safety valve requires meeting several conditions together, including limited criminal history, no violence or weapon involved, and full truthful disclosure of the offense to the government.
Sentencing Commission data shows roughly two out of three people convicted of an offense carrying a mandatory minimum never get relief from it. That is why the charging stage, long before any guilty plea, is a key time to build a defense strategy.
Frequently Asked Questions
Does pleading guilty get rid of a mandatory minimum?
A guilty plea alone doesn’t erase a mandatory minimum attached to the charge. What often changes the outcome is negotiating which specific charge someone pleads to, since a lesser or different count may not carry a floor at all.
Can a mandatory minimum sentence ever be reduced after sentencing?
Courts can sometimes grant a reduction later through a compassionate release motion, but changes to sentencing law are rarely applied retroactively to people already sentenced. The U.S. Supreme Court addressed this limit directly in a 2026 ruling on firearm sentencing changes.
Do New York state charges carry the same mandatory minimums as federal charges?
No, state and federal mandatory minimum laws are separate systems with different thresholds and different triggers. A charge that carries a strict federal floor might carry a shorter one, or none, under New York state law, and the reverse is also true.
Law Offices of Robert Tsigler, PLLC: Your Federal Criminal Defense Law Firm
Reviewing the specific statute, the quantity or weapon allegations, and any safety valve or cooperation options is standard practice in federal defense work, and it can shape the sentencing range you’re actually facing.
Our attorneys are admitted across New York’s federal district and appellate courts and defend federal cases that carry years of mandatory exposure. The earlier you ask what your options are, the more of them tend to still be open.
