Florida’s 10-20-Life statute is designed to impose mandatory penalties for certain crimes involving guns or firearms. Florida 775.087 is the 10-20-Life statute that enhances penalties for certain felonies when a firearm is used.
Basically, the 10-20-Life criminal statute means:
- Requires a 10 year prison sentence for certain felonies when the accused possesses a firearm
- Requires 20 years in prison when the gun is fired
- Requires 25 years to LIFE sentence if someone is injured or killed
- Requires a 3 year prison sentence for Possession of a Firearm by a Convicted Felon
- The prison sentence must be served consecutively (after) any other prison sentence
Any person who is convicted of a felony or even an attempt to commit a felony, regardless of whether the use of a weapon is an essential element of the crime, and the conviction was for:
- Sexual Battery
- Aggravated Assault
- Aggravated Battery
- 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
- Home Invasion Robbery
- Aggravated Stalking
- Trafficking in cannabis, cocaine, amphetamine, GHB, and other illegal drugs.
- Capital importation of cocaine, methaqualone, phencyclidine, and other illegal drugs.
- Violation of Florida Criminal Statute 893.135(1)
Possession of a firearm by a convicted felon
and during commission of the crime, the accused actually possessed a “firearm” or “destructive device” shall be sentenced to a minimum term of imprisonment of 10 years, except for a defendant convicted of Aggravated Assault, Possession of a Firearm by a Felon, or Burglary of a Conveyance (i.e. car, truck, boat, or vehicle) shall be sentenced to a minimum term of imprisonment of 3 years.
If the person discharges a firearm during the commission of the crime, the defendant shall be sentenced to a term of imprisonment of 20 years. (Possession of a Firearm by a Convicted Felon is excluded)
If the person discharges the firearm and, as a result of the discharge, death or great bodily harm was inflicted upon any person, the convicted criminal defendant shall be sentenced to a minimum term of imprisonment of 25 years and not more than a term of imprisonment of life in prison. (Possession of a Firearm by a Convicted Felon is excluded)
A “firearm” means any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless it is used in the commission of a crime.
Any time the police, law enforcement, witnesses, or victims alleged that a firearm was used in the commission of a crime it is a very serious matter. The stakes are much higher. You need an experienced litigator that will fight for you in court. I am ready to litigate your case, stand up for you at trial, and defend you zealously in court.
Call now to set up your free consultation for more information regarding the 10/20/Life Criminal Statute so I can answer any questions you may have regarding your criminal case.
Lakeland, FL (863) 838-5549
Tampa, FL (813) 789-6404
Does Florida’s 10-20-Life rule apply to robberies committed using a replica firearm?
According to legislation, possession of a toy or replica gun doesn’t qualify for prosecution under the 10-20-Life law.
What defenses can be used in a 10-20-Life case?
Potential defenses in a 10-20-life case include the following:
Self-defense, if you were protecting yourself.
Reasonable doubt, if the prosecution doesn’t have sufficient evidence.
Evidence law, the police must have reasonable suspicion and probable cause before they can search your home or car without a warrant.
Is carrying a concealed firearm in Florida without a license punishable by the 10-20-Life rule?
No, it isn’t. At most, you can receive up to $5,000 in fines or five years in prison. However, if you were to carry an unlicensed firearm during the commission of a violent crime, the 10-20-Life law may apply.