Understanding Mandatory Minimum Sentences for Firearm Crimes in Florida

Florida enforces some of the toughest firearm sentencing laws in the country. The “10-20-Life” law, under Florida Statutes § 775.087, imposes mandatory minimum prison terms for certain felony offenses involving firearms. If you or a loved one is facing a charge that falls under this law, it is important to understand how it works, what penalties apply, and what defenses may be available.

What Is Florida’s "10-20-Life" Law?

Under Florida law, the use of a firearm during the commission of certain felonies triggers mandatory sentencing enhancements. The 10-20-Life law imposes strict penalties based on how the firearm was used during the crime:

  • 10 years – If a firearm was carried during the commission of a felony.
  • 20 years – If a firearm was discharged during the felony.
  • 25 years to life – If a firearm was discharged and caused serious injury or death.

This law was originally designed to deter gun violence by ensuring that those who use firearms during the commission of crimes face severe consequences. While Florida modified certain aspects of the law in 2016, the core principle remains the same—if a gun is used in a crime, mandatory sentencing applies.

Crimes That Fall Under Florida’s "10-20-Life" Law

The 10-20-Life statute applies to several violent and non-violent felony offenses when a firearm is involved. Some of the most common charges include:

  • Aggravated assault with a firearm (Florida Statutes § 784.021)
  • Aggravated battery with a firearm (Florida Statutes § 784.045)
  • Robbery with a firearm (Florida Statutes § 812.13)
  • Burglary with a firearm (Florida Statutes § 810.02)
  • Carjacking with a firearm (Florida Statutes § 812.133)
  • Kidnapping with a firearm (Florida Statutes § 787.01)
  • Home invasion robbery with a firearm (Florida Statutes § 812.135)
  • Murder or attempted murder with a firearm (Florida Statutes § 782.04)

If you are charged with any of these offenses and a firearm was involved, the prosecution will likely push for mandatory minimum sentencing under Florida Statutes § 775.087.

Mandatory Minimum Sentencing Under the "10-20-Life" Law

The reason Florida’s 10-20-Life law is so serious is that it removes judicial discretion in sentencing. This means that judges cannot impose a lighter sentence, even if mitigating factors exist.

  • If a person carries a firearm during the commission of a qualifying felony, the minimum sentence is 10 years.
  • If a person discharges the firearm, the mandatory sentence increases to 20 years.
  • If the firearm is discharged and someone is seriously injured or killed, the mandatory sentence is 25 years to life.

Because of these harsh penalties, it is critical to fight firearm-related charges aggressively.

How the 2016 Amendment Affects Florida’s "10-20-Life" Law

In 2016, Florida revised portions of the 10-20-Life law to prevent certain low-level offenders from receiving extreme prison sentences. One key change is that aggravated assault with a firearm no longer carries a mandatory minimum sentence.

Prior to this amendment, someone who brandished a firearm during an argument—even without firing it—could receive a 10-year mandatory sentence. After the revision, aggravated assault cases are no longer subject to automatic mandatory minimums, though judges still have discretion to impose harsh sentences.

Despite this change, most violent felony offenses involving firearms are still subject to the mandatory "10-20-Life" penalties.

Defenses Against "10-20-Life" Firearm Charges in Florida

Defending against firearm-related charges requires a strong legal strategy. Here are some common defenses that may be available:

Lack of Possession or Ownership of the Firearm

The prosecution must prove beyond a reasonable doubt that the accused had actual or constructive possession of the firearm. If the weapon did not belong to the accused or was not in their control, this could be a defense.

Self-Defense or Stand Your Ground Law

Under Florida Statutes § 776.012, a person has the right to use or threaten deadly force if they reasonably believe they are in imminent danger of death or great bodily harm. If self-defense applies, this could prevent conviction under the 10-20-Life law.

Lack of Intent to Use the Firearm

If a firearm was present but not used or brandished, the charge may not warrant enhanced sentencing. This is particularly important in burglary or robbery cases, where simply being near a weapon does not necessarily mean intent to use it.

Illegal Search and Seizure

Under the Fourth Amendment, law enforcement must follow proper search and seizure procedures. If a firearm was obtained without a valid warrant or probable cause, it may be possible to have the evidence suppressed.

Insufficient Evidence

If the prosecution’s case relies solely on weak or circumstantial evidence—such as unreliable witness testimony—this can be challenged in court. A strong defense may create reasonable doubt, making it harder for prosecutors to secure a conviction.

The Importance of Fighting "10-20-Life" Charges Early

Because Florida’s 10-20-Life law imposes mandatory sentencing, fighting charges at the earliest possible stage is crucial. Once a conviction occurs, the judge has no discretion to impose a lighter sentence.

If you or a loved one is facing a firearm-related charge, taking immediate legal action can make a significant difference in the outcome of the case.

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

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.

Florida’s "10-20-Life" Law FAQs

What crimes are covered under Florida’s "10-20-Life" law?
The law applies to certain violent felonies committed while in possession of a firearm, including aggravated battery, robbery, burglary, carjacking, home invasion, and murder. The sentencing enhancement depends on whether the firearm was carried, discharged, or used to cause injury.

Does Florida still have mandatory minimums for firearm offenses?
Yes. While some minor firearm offenses (such as aggravated assault) were removed from mandatory minimum sentencing in 2016, most violent felony cases involving guns are still subject to the "10-20-Life" law under Florida Statutes § 775.087.

Can I avoid a mandatory sentence if I didn’t fire the gun?
Possibly. If the firearm was simply present but not used, brandished, or discharged, the prosecution may not be able to justify enhanced sentencing. However, this depends on the details of the case and how the firearm was involved in the alleged crime.

Can self-defense be used to fight a "10-20-Life" charge?
Yes. Florida’s Stand Your Ground law protects individuals who use a firearm in self-defense, provided they reasonably believed they were in imminent danger. If self-defense applies, charges under Florida Statutes § 775.087 may be reduced or dismissed.

What should I do if I am charged with a firearm-related offense in Florida?
Do not speak to law enforcement without an attorney present. Anything you say can be used against you. Gather any evidence that supports your case, such as surveillance footage or witness statements, and seek legal representation immediately.

Is it possible to negotiate a lesser charge to avoid "10-20-Life" sentencing?
Yes, in some cases. Prosecutors may be open to plea deals that reduce charges in exchange for less severe sentencing. However, negotiating a plea deal requires an aggressive legal strategy to highlight weaknesses in the prosecution’s case.

Can a firearm charge be dropped if there was no intent to use the gun?
If the prosecution cannot prove intent or possession, charges may be reduced or dismissed. However, simply being near a firearm during a felony can still lead to serious charges under Florida law.

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

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.