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What is the 10-20-Life Law?
Gun violence is a problem that impacts Florida daily. Firearm deaths increased by nearly 20% between 2013 and 2022, while gun violence remains one of the leading causes of death for Floridians under age 18. To discourage gun violence, Florida passed the 10-20-Life Law.
The 10-20-Life Law requires judges to follow minimum sentencing guidelines if someone is convicted of a violent crime involving a firearm or other weapon. Under the law, a person faces a minimum sentence of either ten, twenty, or twenty-five years to life in prison, depending on the circumstances of the case.
The law does not even necessarily require someone to have used a firearm or weapon in the commission of a crime. Even if someone has a gun or weapon in their possession when they commit a violent crime, they can still be sentenced under the 10-20-Life Law. If the weapon was used, the sentence could become even harsher. This is why if you or a loved one were arrested for a violent crime involving a gun or other weapon, it’s imperative you immediately contact one of our experienced criminal defense attorneys.
What is a Mandatory Sentence?
Under the 10-20-Life Law, sentences are strictly determined according to the circumstances of the case. Usually, judges and juries have some leeway when determining someone’s sentence. They can consider different factors about the case and decide whether someone deserves more or less time in prison. The exception is when a crime comes with mandatory sentencing guidelines. Under mandatory sentencing guidelines, the law states how long a judge must sentence someone to serve. The ruling judge has no choice but to hand down this sentence.
A mandatory sentence also means the time itself is mandatory. Someone sentenced under the 10-20-Life law is ineligible for a suspended sentence, time served, or probation. This means if you are convicted and sentenced to ten years in prison, you have no option but to serve the entire ten years. This is why if you or a loved one have been arrested for a violent crime, you must contact one of our experienced defense attorneys.
How Are Mandatory Sentences Determined Under the 10-20-Life Law?
There are two significant components to sentencing under the 10-20-Life law: the suspect must have committed a violent felony, and the suspect must have had a firearm or weapon in their possession during the commission of the crime. Whether and how the gun or weapon was used will impact the severity of the sentence. For purposes of the 10-20-Life Law, violent felonies include but are not necessarily limited to:
- Murder
- Robbery
- Carjacking
- Assault and Battery
- Sexual Battery
- Kidnapping
- Burglary
- Drug Trafficking
Once it has been determined a suspect has committed a violent felony, the 10-20-Life Law then considers how they used or did not use their firearm or weapon. If a person commits a violent felony with a gun in their possession, it is an automatic mandatory ten-year prison sentence.
The severity of the sentence goes up if the weapon is used in any way during the commission of the felony. If someone has a firearm in their possession during the commission of a crime and discharges the weapon for any reason, the sentence goes up to a minimum of twenty years. This is regardless of whether or not the suspect was actually trying to harm someone, firing a “warning shot,” or even if the firearm discharged accidentally.
The most severe sentence is reserved for individuals who actually shoot someone during the commission of a violent felony. This carries a minimum mandatory sentence of 25 years with a potential punishment up to life in prison. This is the one aspect of the law where a judge can decide whether to assign more or less prison time. Whether someone receives 25 years or a higher sentence will depend on a variety of factors, including whether the individual who was shot died as a result of their injuries. In fact, if the person dies, the suspect becomes eligible for the death penalty.
Are There Exceptions to the 10-20-Life Law?
Although the law is rigid in its sentencing requirements, some minor exceptions exist. These can result in either reduced or enhanced sentences. These exceptions are particular and apply only under very narrow circumstances.
For example, someone convicted of burglary of a conveyance (robbing a vehicle) while in possession of a firearm only faces a minimum of three years instead of the minimum of ten. This sentence can be impacted by other factors, such as whether the firearm was discharged during the crime.
Not all exceptions result in lower sentences. Other exceptions can result in even higher sentences. One example is if the weapon in your possession during the commission of a crime was a machine gun or possessed a high-capacity magazine. In this instance, if the weapon was in your possession but it was not fired, a minimum ten-year sentence becomes a minimum fifteen-year sentence.
The law contains some other complexities that might impact someone’s sentence. This is why if you or a loved one are facing a potential trial for a violent felony, an experienced defense attorney is necessary to maintain your freedom.
What Should I Do if I’m Arrested for a Violent Felony?
Freedom is precious. Under Florida law, your freedom could disappear in the blink of an eye if you face a felony conviction. Even ten years in prison is a devastating time to spend away from friends, family, and loved ones. Higher sentences could potentially mean losing a significant portion of your life to time behind bars. Don’t let a single courtroom ruling stall or even potentially end your life as you know it.
Our law firm puts you, your family, and your freedom as our first and only priorities. We bring our 100+ years of defense experience to every case. Our team prides itself on its dedication, loyalty, and diligence in representing every client. We don’t believe a single incident should ruin a person’s life. If you or a loved one are facing a violent felony charge, you could be looking at life in prison. Don’t risk your freedom by taking chances. Contact one of our attorneys at The Defense Group today at 407-743-8430 to schedule your no-cost consultation.
