Florida’s 10-20-Life law imposes enhanced penalties for crimes that involve a firearm. There are two primary enhancements under the law. In felony cases where a firearm is used those felonies are reclassified:
- A felony of the first degree is reclassified to a life felony
- A felony of the second degree is reclassified to a felony of the first degree
- A felony of the third degree is reclassified to a felony of the second degree
There are mandatory-minimum sentences that must be served with the charge is an “enumerated” felony. A mandatory minimum sentence means that you have to complete every day of the sentence in prison and are not awarded any gain-time (so if sentenced to 10 years, you will have to serve every single day of those 10 years). These particular types of felonies include:
- Sexual battery
- Aggravated battery
- 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
- Home-invasion robbery
- Aggravated stalking
- Trafficking in certain controlled substances
- Possession of a firearm by a felon
For “enumerated” felonies, a mandatory-minimum prison sentence must be served if the following apply:
- Possession of a firearm during the commission of the enumerated felony (10-year minimum prison sentence);
- Discharge of a firearm during the commission of the enumerated felony (20-year minimum prison sentence); and
- Discharge of firearm causes death or great bodily harm during the commission of the enumerated felony (25-year minimum prison sentence and a maximum sentence of life).
- There is an exception to the 10-20-Life law in regards to the charge of felon in possession of a firearm, that carries a 3-year mandatory minimum sentence.
Given the serious impacts that the 10-20-Life Law can have on you or your loved one, you need to hire an experienced and knowledgeable criminal defense attorney immediately if you or a loved one has been charged with a 10-20-Life enhanceable felony. Call an attorney at KJ LAW today to discuss your case and legal remedies.
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