Expert Criminal Defense Lawyer Discusses Florida’s 10-20-Life Law

November 19, 2024 Criminal Defense Attorneys

The 10-20-Life Law is a Florida law that is intended to deter gun violence. It does so by imposing mandatory minimum sentences for certain felony crimes involving firearms. Below, our criminal defense lawyer dives deeper into the specifics of this law, the penalty structure, key cases where it is applied, defense strategies, and more.

What is the 10-20-Life Law?

The 10-20-Life law, established in 1999, sets mandatory minimum sentences for felony offenses involving the use of a gun. The law is defined under Florida Statute 775.087, which requires judges to impose minimum sentences when specific criteria are met, regardless of mitigating circumstances.

The Three-Tiered Penalty Structurepistol-laying-on-target-sheet-with-bullets-showing-10-20-life-law-from-criminal-defense-lawyer-in-florida

The law operates on a three-tiered penalty system based on the defendant’s actions:

  • 10-Year Minimum for Possession of a Firearm During a Crime
    • If you possess a firearm while committing or attempting to commit certain felonies, you face a minimum 10-year prison sentence.
    • Felonies covered by this law include robbery, burglary, sexual battery, and more.
  • 20-Year Minimum for Discharging a Firearm During a Crime
    • If you discharge a firearm while committing a qualifying felony, the mandatory minimum increases to 20 years, even if no one is injured.
    • Discharging a firearm in any direction—intentionally or accidentally—during a felony can trigger this penalty.
  • 25-Year to Life for Injury or Death Caused by Discharging a Firearm
    • If the discharge of a firearm results in injury or death, a 25-year to life sentence is mandated.
    • This applies even if the injury or death was unintended.

Key Cases Where 10-20-Life Applies

The 10-20-Life law applies to a broad range of serious felonies, including:

  • Robbery and Home Invasion Robbery
  • Burglary
  • Aggravated Assault and Aggravated Battery
  • Sexual Battery
  • Kidnapping
  • Drug Trafficking
  • Murder

The Impact of 10-20-Life on Defendants From Criminal Defense Lawyer

The harsh nature of this law can have life-changing consequences for those found guilty. Since these are mandatory minimums, judges cannot reduce sentences below the statutory minimum, regardless of mitigating factors like lack of a criminal history or accidental discharges.

Defense Strategies in 10-20-Life Caseswooden-gavel-on-law-books-representing-criminal-defense-lawyer-in-duval-county

Defending against charges under the 10-20-Life law requires a delicate strategy, which could be any of the following:

  1. Challenging the Validity of the Firearm’s Use: Proving that the firearm was not actually used or discharged can potentially reduce the charges.
  2. Arguing for Lesser Charges: In some cases, your attorney may argue to have charges reduced to offenses that do not trigger the 10-20-Life penalties.
  3. Self-Defense Claims: If you were acting in self-defense, this can be a key defense strategy, though it requires a strong case showing that your actions were legally justified.

If you or someone you know is facing charges under Florida’s 10-20-Life law, you need an experienced criminal defense lawyer who understands how to navigate the complexities of the law and the mandatory sentencing requirements. An attorney can help you review your options, explore potential defenses, and negotiate plea deals where possible.

Jacksonville Criminal Defense Lawyer Available to Help With Your Case

The 10-20-Life law is very serious and consequences can be severe if convicted. It’s important if you or someone you know has been charged for a firearm offense that you contact a Jacksonville criminal defense lawyer immediately. Having an attorney involved early in the case can significantly improve your chances of achieving a better outcome.

If you have questions about Florida’s 10-20-Life law or need legal representation, contact our office for a consultation.

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