Understanding Florida’s Harsh Mandatory Minimum Sentences and How an Attorney Can Help

As a Florida criminal defense attorney who has handled countless serious felony cases, I know that one of the most misunderstood and feared laws in our state is the so-called “10-20-Life” statute. This law was designed to impose extremely harsh penalties when firearms are involved in the commission of certain crimes. The problem is that prosecutors often attempt to stretch the statute to cover situations where the facts do not support its application, leaving defendants facing decades in prison if they do not fight back with an aggressive defense.

When people come to me after being charged under Florida’s 10-20-Life statute, they are usually scared, confused, and overwhelmed. They want to know what this law actually says, which crimes it applies to, and whether there is any way to avoid the mandatory minimum sentences. My job is to explain the law clearly, show you what defenses may apply, and fight for the best possible outcome in your case.

What Is the 10-20-Life Law?

Florida Statutes § 775.087 is commonly known as the “10-20-Life” law. The actual text states:

“Any person who is convicted of certain felonies or attempted felonies, regardless of whether the use of a firearm is an element of the felony, and during the commission of the offense such person actually possessed a firearm or destructive device, shall be sentenced to a minimum term of imprisonment of 10 years, except that a minimum term of imprisonment of 20 years shall be imposed if the firearm is discharged, and a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life shall be imposed if the death or great bodily harm of any person results.”

The three key parts of this statute are what gave it the “10-20-Life” nickname:

  • 10 years if you merely possess or carry a gun while committing one of the covered crimes

  • 20 years if you fire the gun, even if no one is hurt

  • 25 years to life if someone is killed or seriously injured

These sentences are mandatory minimums. That means the judge cannot sentence you to less time, even if the circumstances are minor or you have no prior record. Prosecutors use this law as a powerful weapon in plea negotiations, often threatening decades in prison to pressure defendants into guilty pleas. This is where having a private attorney makes all the difference, because I can challenge whether the statute even applies and force the state to prove every element beyond a reasonable doubt.

Which Crimes Trigger 10-20-Life Penalties?

The 10-20-Life statute does not apply to every Florida crime, but it does apply to a wide range of serious felonies. According to § 775.087(2)(a), the covered crimes include:

  • Murder

  • Sexual battery

  • Robbery

  • Burglary

  • Arson

  • Aggravated assault

  • Aggravated battery

  • Kidnapping

  • Escape

  • Aircraft piracy

  • Aggravated child abuse

  • Aggravated abuse of the elderly or disabled

  • Unlawful throwing, placing, or discharging of a destructive device or bomb

  • Carjacking

  • Home invasion robbery

  • Aggravated stalking

  • Trafficking in controlled substances

  • All felonies involving the use or threat of physical force or violence

If you are charged with any of these offenses and a firearm is alleged to have been involved, prosecutors will almost certainly try to apply the 10-20-Life statute.

Why Prosecutors Overcharge Under 10-20-Life

In my years defending clients, I have seen prosecutors try to tack on 10-20-Life enhancements even when the facts do not justify it. For example, I represented a man charged with armed burglary because he entered an abandoned property with a BB gun that could not even fire. The state argued it was still a “firearm” for purposes of the statute. Without pushing back, this man could have been facing a mandatory 10 years in prison for something that was not even a real gun.

By filing motions, presenting evidence, and citing the correct statutory definitions, I was able to convince the court that the enhancement did not apply. My client ended up with a probationary sentence instead of a decade behind bars. This is the type of aggressive advocacy that makes the difference in 10-20-Life cases.

Defenses Against 10-20-Life Charges

Every case is unique, but here are some defenses I regularly use to fight back against 10-20-Life enhancements:

The weapon was not actually a firearm

Florida law has very specific definitions of what qualifies as a firearm. A BB gun, starter pistol, or broken weapon may not meet the statutory requirements. If the state cannot prove it was a working firearm, the enhancement cannot apply.

The firearm was not in your possession

Sometimes the prosecution’s only evidence is that a gun was found nearby or in a car that had multiple occupants. Possession must be proven beyond a reasonable doubt, and if the state cannot show the weapon was actually in your control, the enhancement fails.

The firearm was never used during the crime

If a gun is in your home or car but unrelated to the alleged offense, that is not enough for 10-20-Life to apply. The prosecution must prove the weapon was actually carried or used during the crime itself.

Constitutional violations during the investigation

If police found a gun through an unlawful search, if your rights were violated during questioning, or if the firearm evidence was mishandled, I can move to suppress that evidence. Without proof of a firearm, the entire enhancement collapses.

Lack of intent or accidental discharge

The law requires proof that the firearm was used or discharged intentionally during the crime. If the gun went off accidentally or you had no intention of using it, the enhancement may not apply.

Why You Need a Private Attorney

Public defenders are often overloaded with hundreds of cases, which makes it hard for them to put the time and energy into challenging a 10-20-Life charge. As a private attorney, I am able to focus on the details of your case, hire experts, and investigate every angle. The difference between serving 25 years in prison and avoiding a mandatory sentence can come down to whether your lawyer fights the enhancement aggressively.

Real Case Example

Several years ago, I represented a young man accused of armed robbery. The prosecution alleged that he carried a gun during the offense, triggering the 10-20-Life statute. My client insisted he never had a firearm, only that one of his co-defendants may have. The state tried to hold him equally responsible.

Through cross-examination and independent investigation, I was able to show the witnesses were unreliable and that the only gun involved was not tied to my client. After filing motions and preparing for trial, I negotiated a plea to a non-firearm related offense with a much shorter sentence. Instead of facing 20 years mandatory minimum, my client served less than three.

That outcome would not have been possible without challenging the state’s use of the 10-20-Life statute.

Other Florida Statutes That Often Interact With 10-20-Life

Besides § 775.087, several other Florida statutes are often relevant in these cases:

  • § 790.001 – Provides the statutory definition of a firearm

  • § 790.07 – Addresses unlawful use of firearms during the commission of a felony

  • § 812.13 – Defines robbery, which is one of the most common charges tied to 10-20-Life

  • § 810.02 – Defines burglary, another common charge where firearm enhancements appear

Understanding how these laws overlap is critical to building a strong defense. A skilled attorney can often find weaknesses in the way the prosecution tries to apply these statutes together.

The Stakes Could Not Be Higher

If you are accused of a 10-20-Life offense, you may be facing decades in prison with no chance of parole. Prosecutors know the fear this creates, and they use it to push defendants into guilty pleas. But you do have options, and the first step is retaining a private defense attorney who has the time, knowledge, and dedication to fight back.

Frequently Asked Questions About Florida’s 10-20-Life Law

What crimes are covered by Florida’s 10-20-Life statute?
The law applies to a list of violent felonies, including robbery, burglary, sexual battery, murder, kidnapping, carjacking, and others. It also applies to any felony involving the use or threat of physical force.

Do judges really have no discretion under this law?
Yes. These are mandatory minimum sentences. A judge cannot go below them unless the enhancement is legally inapplicable. That is why challenging the application of the statute is so important.

If no one is hurt, why is the sentence still so harsh?
The statute is designed to punish the presence or discharge of a gun regardless of injury. Even firing into the air can result in a mandatory 20-year sentence.

Can the law apply if the gun was not mine?
If prosecutors can prove you possessed the firearm, even temporarily, they can try to apply the statute. That is why establishing lack of possession is a key defense.

Are BB guns or airsoft guns treated the same as real guns?
Not usually. The statute requires a firearm as defined by Florida law. I have successfully argued that non-lethal devices do not qualify.

Can I claim self-defense if I discharged the firearm?
Yes. If you used the firearm lawfully in self-defense, the statute should not apply. Florida’s “Stand Your Ground” law can protect you in these cases.

What if the gun went off by accident?
If the discharge was unintentional, the prosecution cannot prove the required elements for a 20-year mandatory minimum.

Can the enhancement apply to drug trafficking charges?
Yes. If a firearm is present during a trafficking crime, 10-20-Life can apply.

Do juveniles face the same penalties?
Juveniles tried as adults can still face 10-20-Life sentences. That makes it even more critical to fight the charges early.

Can a plea bargain avoid the mandatory minimum?
Often yes. By negotiating for charges that do not include a firearm enhancement, I have secured reduced sentences for many clients.

What if the gun belonged to someone else in the car?
The state must prove you had knowledge and control over the firearm. If it was not yours and you had no control, the enhancement should not apply.

Are police allowed to search for a gun without a warrant?
In many cases, no. If the gun was found through an illegal search, I can move to have that evidence suppressed.

Can the law apply to aggravated assault?
Yes. If a gun is possessed, displayed, or fired during an aggravated assault, the statute applies.

Do prior convictions matter?
While the mandatory minimums apply regardless, prior convictions can increase your sentencing exposure beyond the baseline.

How often do people actually beat 10-20-Life charges?
With strong representation, many defendants avoid mandatory minimums. The key is challenging the evidence and applying the law correctly.

What if no shots were fired and no one was threatened?
If the gun was simply present but unrelated to the alleged offense, the enhancement should not apply.

How does firearm evidence get challenged in court?
I use forensic experts, chain-of-custody arguments, and statutory definitions to attack the prosecution’s firearm evidence.

Are there cases where the statute does not apply at all?
Yes. If the offense is not on the list of covered crimes, 10-20-Life cannot apply even if a gun is involved.

Why is hiring a private attorney better for these cases?
Because public defenders are often too overwhelmed to challenge every element of a 10-20-Life case. A private attorney can dedicate the resources necessary to protect you.

Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you are facing charges involving Florida’s 10-20-Life statute, you cannot afford to take chances with your future. The stakes are simply too high.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.