10/20/Life Minimum Mandatory Laws for Firearm Offenses


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Firearms Offenses with 10-20-Life Minimum Mandatory
sentences.

Firearms offenses come with extremely harsh minimum mandatory sentences that are completely within the control of the State Attorney's Office.  This means that a judge, no matter how much he or she wants to, cannot go below the minimum mandatory sentence, if you are convicted under that statute.  Only the State Attorney can decide not to charge you under that statute and only a jury can decide whether to find you guilty or not guilty of the charges.

If you are convicted of a specified felony and during the commission of that felony you actually possessed, discharged or discharged and caused great bodily harm or death, you will subject to mandatory prison sentences. 

What is 10-20-Life?

10-20-Life is the common name of Florida's minimum mandatory laws relating to firearms offenses.  10-20-life is defined in Florida Statute Section 775.087(2) and (3).  The title is a bit deceiving because there are also 3 year minimum mandatory sentences and 25 year minimum mandatory sentences. 

Possess a firearm during commission of a felony:
3 or 10 year minimum mandatory

Possess and discharge a firearm during the commission of a felony:
20 year minimum mandatory sentence

Possess & discharge a firearm and cause great bodily harm or death during commission of a felony

25 year to life minimum mandatory sentence

What does "possession" mean?

"Possession" under this statute means carrying it on the person.  Possession may also be proven by demonstrating that the defendant had the firearm within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense, if proven beyond a reasonable doubt.

It is often referred to as "actual possession" as opposed to constructive possession.

What if I'm charged with possessing a firearm during the commission of a felony?


3 Year Minimum Mandatory

If you are convicted of possessing a firearm during the commission of any of the following felonies, you will be facing a 3 year minimum mandatory prison sentence:
Aggravated Assault*
Possession of a Firearm by a Convicted Felon
Burglary of a Conveyance
* Governor Scott recently signed legislation that removes Aggravated Assault from the 3 year minimum mandatory list so this minimum mandatory will no longer apply as of July 1st, 2016.  Until then, it is still in effect.  You can read the bill here.

Prior to July 1, 2016, a judge shall not impose the mandatory minimum sentence for aggravated assault if the court makes written findings that:
  1. You had a good faith belief that the aggravated assault was justifiable, and
  2. the aggravated assault was not committed in the course of committing another offense, and
  3. you do not pose a threat to public safety, and
  4. the totality of the circumstances involved in the offense do not justify the imposition of such sentence. 

10 Year Minimum Mandatory

If you are convicted of possession a firearm during the commission (or attempt) of any of the following felonies, you will be facing a 10 year minimum mandatory prison sentence:
Murder
Sexual Battery
Robbery
Burglary
Arson
Aggravated Battery
Kidnapping
Escape
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,
Carjacking
Home-invasion Robbery
Aggravated Stalking
Trafficking


What if I'm charged with firing a gun during the commission of a felony?


20 Year Minimum Mandatory

If you are convicted of possession & discharge of a firearm during the commission (or attempt) of any of the following felonies, you will be facing a 20 year minimum mandatory prison sentence:

Murder
Sexual Battery
Robbery
Burglary
Arson
Aggravated Assault
Aggravated Battery
Kidnapping
Escape
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
Carjacking
Home-invasion Robbery
Aggravated Stalking
Trafficking

* Governor Scott recently signed legislation that removes Aggravated Assault from the 20 year minimum mandatory list so this minimum mandatory will no longer apply as of July 1st, 2016.  Until then, it is still in effect.  You can read the bill here.

Prior to July 1, 2016, a judge shall not impose the mandatory minimum sentence for aggravated assault if the court makes written findings that:
  1. You had a good faith belief that the aggravated assault was justifiable, and
  2. the aggravated assault was not committed in the course of committing another offense, and
  3. you do not pose a threat to public safety, and
  4. the totality of the circumstances involved in the offense do not justify the imposition of such sentence. 

* Notice that Burglary to a Conveyance is not excluded, so while possession of a firearm during a car burglary is a 3 year minimum mandatory, discharge of a firearm during Burglary to a Conveyance is a 20 year minimum mandatory sentence.

What if I'm charged with firing a gun during a felony and hitting someone?



25 to Life Minimum Mandatory

If you are convicted of possession & discharge of a firearm during the commission (or attempt) of any of the following felonies and cause great bodily harm or death, you will be facing a 25 to life minimum mandatory sentence*:

Murder
Sexual Battery
Robbery
Burglary
Arson
Aggravated Assault**
Aggravated Battery
Kidnapping
Escape
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
Carjacking
Home-invasion Robbery
Aggravated Stalking
Trafficking

* The judge can't go below a 25 year minimum mandatory sentence, but can sentence you to anywhere between a 25 year minimum mandatory sentence all the way up to a life minimum mandatory sentence. 

** A judge shall not impose the mandatory minimum sentence for aggravated assault if the court makes written findings that:
  1. You had a good faith belief that the aggravated assault was justifiable, and
  2. the aggravated assault was not committed in the course of committing another offense, and
  3. you do not pose a threat to public safety, and
  4. the totality of the circumstances involved in the offense do not justify the imposition of such sentence. 
- Florida Statute Section 775.087(3)(e)(6)

What if I'm charged with a high capacity magazine or machine gun?

If you are convicted of one of the above mentioned felonies, or sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance, and during the commission of the offense, you possessed or discharged a semiautomatic firearm and a high-capacity detachable box magazine or a machine gun, you would be facing the following minimum mandatory prison sentences:

Actual Possession
 15 year minimum mandatory sentence. 

Discharge
20 year minimum mandatory sentence

Discharge and Great Bodily Harm or Death

25 to Life minimum mandatory sentence

A "high capacity detachable box magazine" is any detachable box magazine, of ruse in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire cartridges. 

A "semi-automatic firearm" is a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle. 

A judge shall not impose the mandatory minimum sentence for aggravated assault if the court makes written findings that:
  1. You had a good faith belief that the aggravated assault was justifiable, and
  2. the aggravated assault was not committed in the course of committing another offense, and
  3. you do not pose a threat to public safety, and
  4. the totality of the circumstances involved in the offense do not justify the imposition of such sentence. 
- Florida Statute Section 775.087(3)(e)(6)

CALL US!

10-20-Life cases require skilled and experienced criminal trial attorneys. With the former elected State Attorney, former Gun Crime and Homicide Prosecutor, and two other former prosecutors with a wealth of experience handling 10-20-Life cases on the both sides, SLG Law knows how to handle all of the legal and factual issues in a gun case. 

If you have been accused of or arrested on a 10-20-Life Firearm case,

Call us:
Shorstein, Lasnetski, & Gihon

904-642-3332 (Jacksonville)

407-228-2019 (Orlando)

or

 
contact us online.

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