As the image shows, Florida sentencing under 10/20/Life is relatively simple:
10-Year Minimum Mandatory Sentence: Actually possess a firearm or destructive device during the commission of a crime
20-Year Minimum Mandatory Sentence: Discharge a firearm or destructive device during the commission of a crime
25-Year to Life in Prison Minimum Mandatory Sentence: Discharge a firearm or destructive device and cause great bodily injury or death.
As with most things in the law, there are some additional subtleties with regards to sentencing under 10-20-Life for which you will need an experienced criminal defense attorney. As one might expect, Florida is extremely tough on those you possess and use firearms during the commission of criminal offenses.
Only certain enumerated crimes are eligible for 10-20-Life minimum mandatory treatment and they are listed in the statute. Regardless of whether possession of a firearm is an element of the offense, they are:
The 10-20-Life statute, which is 775.087, also enables the enhancement of Florida felonies. Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
This has the effect of increasing the maximum punishment for each crime in which a firearm was carried, displayed, or used. For example, the maximum penalty for a third-degree felony without the use of a firearm is 5 years in Florida State Prison; with the use of a firearm, the maximum is 15 years in Florida State Prison.
If you or a loved one finds themselves subject to a potential 10-20-Life sentence, give board certified criminal trial law attorney Adam L. Bantner, II a call today! When you need an experienced trial attorney, you need an expert in your corner. 813.397.3965.