Even though our nation highly prizes the right to possess a firearm and many look to a broad interpretation of the second amendment, having or using a firearm during a criminal offense drastically increases the potential penalties any person can face. So even if you have no criminal record and could be completely innocent, the extremely high threatened penalties associated with gun possession make exercising those gun rights risky in Florida. Not all attorneys have extensive experience with this law, so make sure you get help from an experienced 10/20/Life Lawyer.

The law creates a penalty system based on the defendant’s actions during the commission of an offense. So assuming you have been accused of a crime and the offense includes the use of a firearm, the jury would be asked to determine guilt as to the main offense (burglary, aggravated battery, etc.) then if convicted the jury would also have to determine if during the course of the offense you actually possessed, discharged, or caused harm with a firearm. Each type of act if proven will cause a mandatory penalty to occur:

By law, the court is precluded from suspending or deferring sentence, and from withholding adjudication of guilt when imposing a 10-20-Life sentence. Also, the person is ineligible for any sort of gain time or discretionary early release while serving the minimum mandatory portion of his or her sentence. If the minimum mandatory sentence exceeds either the person’s sentencing guidelines score or the statutory maximum, the minimum mandatory trumps. Finally, the court is required to impose any term of imprisonment, for any other felony offense before it for sentencing, consecutive to the minimum mandatory sentence.

The 10-20-Life law applies to a broad range of serious felonies, including:

Challenging the Validity of the Firearm’s Use: Proving that the firearm was not actually used or discharged can potentially reduce the charges.

Arguing for Lesser Charges: In some cases, your attorney may argue to have charges reduced to offenses that do not trigger the 10-20-Life penalties.

Self-Defense Claims: If you were acting in self-defense, this can be a key defense strategy, though it requires a strong case showing that your actions were legally justified.

Florida statute section 775.087 (10-20-Life)

Firearms and weapons charges in Florida can have serious consequences, particularly when other criminal charges are involved. Under the state’s 10-20-Life law, penalties are enhanced if a weapon is used to commit a crime, and a conviction carries a minimum mandatory prison sentence. Whether you have been charged with burglary, robbery, attempted murder, or any other kind of crime which could qualify as 10/20/life, you need an aggressive Gainesville 10/20/life Offense Lawyer in your corner.