Miami Criminal Defense Lawyer

Almost everyone has heard about 10/20/LIFE through relentless advertising.  However, the practical nature of this offense is not widely understood. 

In order to fall under the 10/20/LIFE statute, a person must have committed one of these 18 crimes: 
 

1. Murder 
2. Sexual battery
3. Robbery 
4. Burglary 
5. Arson 
6. Aggravated assault
7. Aggravated battery 
8. Kidnapping 
9. Escape 
10. Aircraft piracy 
11. Aggravated child abuse 
12. Aggravated abuse of an elderly person or disabled adult 
13. Unlawful throw/place/discharge of destructive device or bomb
14. Carjacking 
15. Home-invasion robbery 
16. Aggravated stalking 
17. Trafficking in controlled substance 
18. Possession of a firearm by a felon 

After determining that one of these crimes occured the next step is to determine whether a firearm was used.  If a firearm was used during the commission of the crimes listed above, then 10/20/LIFE applies.

The three key elements in analyzing these cases is whether there is actual possession of the firearm, a discharge of the firearm, and whether great bodily harm or death resulted from this discharge.

ACTUAL POSSESSION OF FIREARM

If the person only actually possessed the firearm, then 1o years minimum mandatory in State prison. 

Actual possession is required.  This is different than constructive possession where the firearm is neaby but the person does not actually have the firearm on their person. 

So the gun can't be in a bag, in a car, or in a house.  It has to be on the person's body.

However, and this is a big however, if one of the crimes committed is one of these three crimes:

Aggravated assault
Possession of a firearm by a felon 
Burglary of a conveyance

then the minimum mandatory in prison is three (3) years not 10.

DISCHARGE OF THE FIREARM

If the firearm is discharged during the commission of one of the crimes listed above, then the person is facing 20 years minimum mandatory in State prison.  The gun just has to discharge and not actually hit anyone.  This can also happen if the gun is "accidently" dischared during the crime but there was no intent to discharge the gun.

GREAT BODILY HARM OR DEATH

If a person is hit by a bullet and it causes great bodily harm or death, then the person is facing 25 years to LIFE, depending on the crime charged.  Murder would obviously be life but an Aggravated Batter with a Deadly Weapon may only be 25 years.

So Life doesn't mean Life unless the crime calls for it.  But Life is the maximum a person can get under this statute.

10-20-Life law does not preclude the judge from imposing a longer sentence of incarceration or from imposing death penalty if authorized by law.

The court may not impose a lesser sentence than otherwise required by law.
Adjudication of guilt and/or imposition of sentence may not be suspended, deferred, or withheld.

A Defendant convicted under 10/20/LIFE is not eligible for statutory gain-time or discretionary early release except for a pardon or conditional medical release prior to serving the minimum sentence.

If the minimum mandatory sentence exceeds the maximum sentence authorized by § 775.082 or § 775.084 the minimum mandatory sentence must be imposed.
 

There are some additional situations when firearms come into play but doesn't fall under 10/20/LIFE. 

To review the 10/20/LIFE statute (775.084) please click here.

If you or a loved one is facing these charges or any charge involving a firearm, please contact me today.