When prosecutors in Florida charge you with crimes in which you possessed or used a weapon, you may face mandatory minimum sentences in the event of a conviction. These sentences can keep you in prison for a decade or more, regardless of the severity of your crime or other mitigating factors in your case.
Understanding Florida’s 10-20-Life Law
Florida’s 10-20-Life law imposes mandatory minimum sentences for criminal offenses involving the use or attempted use of a weapon or destructive device. This means the court cannot impose a prison term less than the mandatory minimum, and an offender cannot obtain parole or release from prison until they have served the mandatory minimum term.
Under the law, when a person faces a felony charge for a crime that does not include the use of a weapon as an element, the possession, display, use, threatened use, or attempted use of such weapon can trigger the reclassification of a first-degree felony to a life felony, a second-degree felony to a first-degree felony, or a third-degree felony to a second-degree felony.
Furthermore, committing certain enumerated offenses can trigger mandatory minimum sentences. Possessing a firearm during an enumerated offense will trigger a 10-year mandatory minimum sentence. Discharging a weapon or destructive device while committing an enumerated offense will trigger a 20-year mandatory minimum sentence. Finally, discharging a weapon or destructive device while committing an enumerated offense and causing severe injury or death for a victim will trigger a mandatory sentence of 25 years to life.
In addition, possessing a semiautomatic firearm with a high-capacity box magazine or a machine gun while committing an enumerated offense triggers a 15-year mandatory minimum sentence. Discharging a semiautomatic firearm with a high-capacity box magazine (20-plus rounds) or a machine gun during an enumerated offense triggers a 20-year mandatory minimum sentence. Finally, causing severe injury or death due to discharging a semiautomatic firearm with a high-capacity box magazine or a machine gun during an enumerated offense will result in a mandatory sentence of 25 years to life.
Crimes That Trigger the 10-20-Life Law
Offenses that fall within the scope of the 10-20-Life law include:
- Murder
- Sexual battery
- Robbery
- Burglary
- Arson
- Aggravated battery
- Kidnapping
- Escape
- Aircraft piracy
- Aggravated child abuse
- Aggravated abuse of an older person or disabled adult
- Unlawful throwing, placing, or discharging of a destructive device or bomb
- Carjacking
- Home-invasion robbery
- Aggravated stalking
- Human trafficking
- Drug trafficking
- Possession of a firearm by a felon
Controversies and Criticisms of the Law
The 10-20-Life law has attracted various controversies and criticisms over the years, including:
- Limiting Judicial Discretion – Mandatory minimum sentences mean judges cannot impose lower sentences despite the presence of weighty mitigating factors, such as youth, troubled backgrounds, or mental health or substance abuse issues.
- Increase Prison Overcrowding – The law can lead to longer prison sentences for individuals who commit offenses meeting the requirements of the law. Requiring offenders to serve longer terms simply for possessing a weapon or destructive device during certain offenses increases the risk of prison overcrowding, as offenders cannot cycle out of incarceration for a decade or more.
- Racial and Economic Disparities – Minorities and people from less-advantaged socioeconomic backgrounds tend to face arrest and conviction at higher rates, which means that the harsh penalties of mandatory minimum sentencing under the 10-20-Life law can disproportionately affect these communities.
What Defendants Need to Know About the Law
Unfortunately, some weapons charges have mandatory minimum sentences, restricting prosecutors’ discretion in negotiating plea deals or the trial court’s sentencing discretion. Prosecutors cannot recommend, and courts cannot impose, sentences below the mandatory minimum applicable to the offense of conviction.
Understanding the applicability of mandatory minimum sentences in your case can help you pursue your rights and options when facing weapons charges in Florida.
Contact a Criminal Defense Lawyer Today
When you face a weapons charge in Florida, you may face a possible mandatory minimum sentence. Contact The Sombathy Law Firm today for a confidential consultation with a criminal defense attorney in Panama City, FL, to learn more about the applicability of the 10-20-Life law to your weapons charges and how it may affect the outcome of your case.
