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.
Crimes Eligible for 10-20-Life
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:
Aggravated child abuse;
Aggravated abuse of an elderly person or disabled adult;
Unlawful throwing, placing, or discharging of a destructive device or bomb;
Trafficking in Controlled Substances; and
Possession of a Firearm by a Convicted Felon.
Reclassification of Certain Crimes
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:
In the case of a felony of the first degree, to a life felony.
In the case of a felony of the second degree, to a felony of the first degree.
In the case of a felony of the third degree, to a felony of the second degree
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.
Tampa 10-20-Life Attorney
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.
Adam Bantner – Criminal Defense Attorney at Law
If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.
Adam L. Bantner, II is a Board Certified Criminal TrialAttorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.
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Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.
I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.
I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.
In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!
I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.