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Florida 0-20-Life
The Florida “10-20-Life” law (Fla. Stat. § 775.087) requires judges to order mandatory minimum sentences of 10, 20 or 25 years to life upon the commission of certain enumerated felonies involving a firearm or other destructive device. (These penalties escalate even more – 15, 20 or 25 years to life – if the firearm is an assault weapon or a semiautomatic weapon with a high-capacity magazine or a machine gun.) Moreover, this minimum sentence must be imposed in addition and consecutive to the sentence for the underlying felony.
The underlying felonies that 10-20-Life imposes this additional minimum sentencing requirement are:
- Murder (Fla. Stat. § 782.04)
- Sexual Battery (Fla. Stat. § 794.011)
- Robbery (Fla. Stat. § 812.13)
- Burglary (Fla. Stat. § 812.02)
- Arson (Fla. Stat. § 806.01)
- Aggravated Battery (Fla. Stat. § 784.045)
- Kidnapping (Fla. Stat. § 787.01)
- Escape (Fla. Stat. § 944.40)
- Aircraft Piracy (Fla. Stat. § 860.16)
- Aggravated Child Abuse (Fla. Stat. § 827.03)
- Aggravated Abuse of an Elderly Person or Disabled Adult (Fla. Stat. § 825.102)
- Unlawful Throwing, Placing, or Discharging of a Destructive Device or Bomb (Fla. Stat. § 790.165)
- Carjacking (Fla. Stat. § 812.133)
- Home Invasion Robbery (Fla. Stat. § 812.135)
- Aggravated Stalking (Fla. Stat. § 784.048)
- Drug Trafficking (Fla. Stat. § 893.135)
- Capital Importation of Cocaine and Other Illegal Drugs (Fla. Stat. § 893.135)
- Possession of Firearm by a Felon* (Fla. Stat. § 790.23)
- Aggravated Assault* (Fla. Stat. 784.021) § (Judges must impose a mandatory minimum three-year sentence, instead of a 10-year one, if the defendant is convicted for aggravated assault with a firearm, possession of a firearm by a felon, or burglary of a car or boat)
(* Please note that for both Possession of a Firearm by a Felon charges and Aggravated Assault charges, Judges must impose a mandatory minimum three-year sentence, instead of a 10-year one.)
Under The Florida “10-20-Life” Law, a sentencing judge must sentence a Defendant convicted of any of the above felonies to an additional minimum sentence of:
- 10-years to any accused convicted of committing or attempting to commit any of the above felonies, while armed with a firearm or destructive device;
- 20-years if the accused fired the firearm; and
- 25-years to life if the accused discharged the firearm and killed or seriously hurt someone.
