What is Florida’s 10-20-Life Statute?
If you are facing charges for a criminal offense involving the use of a firearm, it is critical to understand Florida’s very harsh “10-20-Life” law and how it could impact you. It is also important to understand this law’s effects for anyone who already has a criminal record with a conviction for an offense involving the use of a firearm. In short, this is a law that requires mandatory minimum sentences, and typically without the possibility of parole, for convictions for criminal offenses that involve the use of a firearm — even if you were not the party carrying or using the firearm during the offense.
Our Tampa firearm and weapons defense lawyers can explain this law to you in more detail, and we can help you to build a strong defense to the firearm-related charges you are facing so that you can avoid a conviction that will involve this law.
Defining Florida’s “10-20-Life” Law
Florida’s “10-20-Life” law is a nickname for Section 775.087 of the Florida Statutes, which defines mandatory penalties for criminal offenses involving the possession or use of a weapon or aggravated battery.
This statute says that, “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” according to the following mandatory charges:
- Felony of the first degree becomes a life felony;
- Felony of the second degree becomes a felony of the first degree; and
- Felony of the third degree becomes a felony of the second degree.
In other words, if you are involved in any felony offense involving a firearm (where the use of a firearm is not already an element of the offense), your felony charges will be upped to the more serious felony degree.
In addition, the law requires that judges apply mandatory minimum sentences of 10, 20, or 25-years-to-life for firearm-related offenses:
- Mandatory 10-year sentence solely for the possession of a firearm, even if you did not use the firearm;
- Mandatory 20-year sentence if you used the firearm; and
- Mandatory sentence of 25-years-to-life if you caused great bodily harm or death in the use of the firearm.
Felony Offenses Where the “10-20-Life” Law Applies
The following are felony offenses where the “10-20-Life” applies, according to the Florida Statutes:
- Murder;
- Sexual battery;
- Robbery;
- Burglary;
- Arson;
- Aggravated battery;
- Kidnapping;
- Escape;
- Aircraft piracy;
- Aggravated child abuse;
- Aggravated abuse of an elderly person or disabled adult;
- Unlawful throwing, placing, or discharging of a destructive device or bomb;
- Carjacking;
- Home-invasion robbery;
- Aggravated stalking;
- Drug trafficking;
- Possession of a firearm by a felony; or
- Human trafficking.
Contact a Tampa Firearm and Weapons Defense Lawyer Today for Assistance with Your Case
Are you facing charges for a felony offense involving a firearm? You do not want to be convicted and sentenced to a decade or more in prison. An experienced Tampa firearm and weapons defense attorney at the Law Offices of Daniel J. Fernandez, P.A. can begin working with you on your defense today. Contact us for more information.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.087.html
