10 20 Life, Florida Sentencing
What is 10 20 Life under Florida Statute:
10 20 Life is a sentencing scheme in Floria requiring minimum mandatory sentences if a firearm is used during the commission of a felony. The 10 20 Life Statute enumerates when 10 years is the minimum, where 20 years is the minimum, and where life is the minimum.
The 10 20 Life sentencing scheme in Florida is found in Florida Statute 775.087. Below we will summarize, give you examples of the law, and show you the most relevant parts of the statute to help save you some time.
What 10 20 Life Statute Says:
The 10 20 Life Statute says that if you
- Use a Gun During the Commission of a certain enumerated felony, you will do a minimum sentence of 10 years in prison.
- Use a gun and fire a gun during an enumerated felony, you will do a minimum sentence of 20 years in prison.
- Use a gun and fire a gun and injure someone, you will do a minimum of 25 years to life in prison.
What offenses does 10 20 Life Statute in Florida Cover?
b. Sexual battery;
f. Aggravated assault;
g. Aggravated battery;
j. Aircraft piracy;
k. Aggravated child abuse;
l. Aggravated abuse of an elderly person or disabled adult;
m. Unlawful throwing, placing, or discharging of a destructive device or bomb;
o. Home-invasion robbery;
p. Aggravated stalking;
r. Possession of a firearm by a felon
Implications of 10 20 Life Statute in Florida:
- The 10 20 Life Statute imposes harsh and unrelenting minimum mandatory sentences on people accused of committing a crime using a gun.
- The statute doesn’t give the judge discretion to come off of the mandatory sentences.
- The Statute doesn’t take into account your criminal history.
- The Statute can punish a first-time offender under these provisions.
- The only person who can waive the sentencing mandates of 10 20 Life is the State Attorney.
Examples of how 10 20 Life Statute works:
- Example 1, you rob a store and you have a gun out during the robbery. Nobody is harmed. Under 10 20 Life you get 10 year mandatory prison sentence.
- Example 2, you rob a store and you have a gun out during the robbery. The sales clerk says he won’t give you money so you fire warning shot into ceiling. Nobody is harmed. Under 10 20 Life you get a 20 year mandatory prison sentence.
- Example 3, you rob a store and you have a gun out during the robbery. The sales clerk says he won’t give you the money so you fire warning shot into ceiling. The bullet ricochets off ceiling and into the sales clerk, injuring him. Under 10 20 Life you will be sentenced to 25 years DOC mandatory (up to life).
Defenses/Tactics to deal 10 20 Life Statute:
- Trial Arguments for lesser included charges
- Trial Arguments for Alibi Defense
- General Trial Strategy
- Motions to Dismiss
- Motion to Suppress
- Stand your ground
- More… (Call an experienced criminal defense lawyer so you can be informed and know your options).