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Criminal Defense Lawyer in Orlando, FL

10/20/Life Statute Lawyer in Orlando, FL

The minimum sentences surrounding your charges may already be severe, and adding a gun to the mix may make them worse. If you’ve been charged with a crime that may fall under the 10/20/Life law, or any other gun crime, contact the team at Hanlon Law today to get started building your best possible defense. 


What is the 10/20/Life Statute? 


In 1999, Florida implemented criminal statute 775.087 that ascribes certain mandatory minimum sentences to certain convictions involving the use or attempted use of a firearm or other destructive weapon. 


Those mandatory minimums are: 


  1. 10-year prison sentence for those convicted of committing (or attempting to commit) certain felonies while armed with a firearm or other destructive weapon
  2. 20-year prison sentence for those who fire their weapon during the commission of certain felonies
  3. 25-year prison sentence to life in prison if said weapons discharge leads to death or serious injury


The goal with this law was to mitigate the escalating gun crime rates throughout the state. According to Statute 775.087, the crimes that may be subjected to these mandatory minimums should a firearm be involved include murder, robbery, burglary, drug trafficking, sexual battery, arson, kidnapping, aggravated child abuse, carjacking, aggravated stalking, etc. 


The colloquial name for this statute came about as a brief description of these minimums: the “10/20/Life law.” 


It’s important to note that these mandatory minimum prison sentences are related only to the presence, use of, and consequences of the use of a firearm or other deadly weapon. As such, they are consecutively added to any sentencing that results from the underlying felony charge(s). Defendants are also not eligible for any kind of early release until the minimum sentence has been served, aside from an official pardon, clemency, or conditional medical release. 


Are There Exceptions to the 10/20/Life Statute?


There are two exceptions to the 10/20/Life law. If the underlying charge is aggravated assault with a firearm, burglary of a conveyance, or felony possession of a firearm, the minimum prison sentence is merely 3 years. This lower minimum sentence does not apply, however, if the weapon involved was an assault or machine gun. In fact, except in felony possession of a firearm cases, the involvement of an assault or machine gun actually raises the minimum sentences to 15, 20, and 25-to-life respectively If the underlying charge is felony possession of a firearm, the minimum sentencing stands at 10/20/Life. 


Florida law grants the prosecutor the discretion to waive any mandatory minimum sentences. A judge may also waive a minimum sentence by charging the defendant as a youthful defender, which caps the maximum penalty at 6 years of supervision (be it prison, probation, or some combination of the two). However, in order to be sentenced as a youthful offender, the defendant must be less than 21 years old.


Was the 10/20/Life Law Repealed? 


The 10/20/Life law has not been repealed since its implementation in 1999. However, in 2016, there was a major change. 


Initially, judges were not allowed to deviate from the mandatory minimum sentences as described by Statute 775.087, regardless of any mitigating or extenuating circumstances. Their hands were all but tied, as they were required to adhere to the mandatory minimums regardless of the situation. 


Then came Senate Bill 228 of 2016. This bill granted judges the liberty to reduce any mandatory minimum sentences at their discretion. In doing so, the bill all but nullified the 10/20/Life law, as those previously strict minimums may now be adjusted due to mitigating and extenuating circumstances as the judge sees fit. 


Unfortunately, Bill 228 of 2016 made no allowances for retroactive application. That is to say, anyone already serving a sentence under the 10/20/Life law is still obligated to serve their remaining sentence. 


Gun Crime Lawyer Representing Defendants in Orlando


Even though judges now have the discretion to sentence below the mandatory minimums as described by the 10/20/Life law, that doesn’t mean they will. That’s why it’s vital to have an experienced defense attorney in your corner. At Halon Law, our team brings nearly 20 years of experience to the table. We’ll take advantage of every opportunity to advocate on your behalf to help you secure the most favorable outcome possible. If you’ve been charged with any gun crime, contact Hanlon Law today to schedule a free consultation.

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