10-20-Life
“10-20-Life” refers to Florida Statute 775.087, which proscribes enhanced penalties and mandatory minimums for certain felonies involving the use of firearms and other weapons. The effect of this statute is that, often, prosecutors have a tremendous power limiting a judge’s ability to sentence a person when these enhancements apply.
Unless the weapon is inherent in the charge, such as Felon in Possession of a Firearm, the use of a weapon to commit a felony in Florida will enhance the level of that felony. For example, a Robbery is ordinarily a second-degree felony, punishable by up to 15 years in prison. A Robbery, committed with a firearm or other weapon, becomes an “Armed Robbery” and the maximum penalty increases from 15 years to 30 years in prison.
In addition to increasing the maximum penalty, use of a Firearm or Destructive Device also carries mandatory minimums that require the judge to impose mandatory periods of incarceration. There are very few exceptions for judges to impose anything other that the mandatory minimum. In some types of cases, there are no exceptions. The most common exception to a mandatory minimum, aside from a plea agreement, is that a young defendant qualifies as a Youthful Offender.
The list of charges that carry Firearm or Destructive Device mandatory minimums can be found at Florida Statute 775.087(2)(a)(1). Under this statute section, the mandatory minimums are as follows:
Use or threatened use of a firearm or destructive: 10 years
Discharged a firearm or destructive device: 20 years
Caused death or great bodily harm with firearm or destructive device: 25 years to Life
