Michael A. Haber, P.A. Miami Criminal Lawyer
http://www.HaberPA.com 1-888-SHARK-8-1
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10-20-LIFE is a sentencing enhancement statute designed to “punish” those who use firearms during the commission of certain offenses. In short, if applied then the law “tacks” on minimum-mandatory prison time to a sentence as follows: If you brandish a firearm then you must serve ten (10) years (day for day); if you discharge the firearm then you must serve twenty (20) years (day for day); and if one of your bullets strikes someone (anyone) then you must serve a minimum mandatory LIFE sentence.
This law supplements whatever sentence you receive on a given offense. For example, if you are convicted of armed carjacking and you discharged a firearm during the commission of your offense then you could get LIFE in prison for the crime itself coupled with a minimum-mandatory twenty (20) year sentence (wherein you get no “gain time” or other time off of your sentence). Or, if you commit aggravated child abuse with a firearm which you did not discharge then you could get fifteen (15) years in prison on the underlying offense with a ten (10) year minimum mandatory.
Why is this important? In the last example, aggravated child abuse with a firearm, if you got the statutory maximum of fifteen (15) years without 10-20-LIFE the you would serve 85% of the sentence, or 12.75 years. With 10-20-LIFE the first 10 years would not be subject to the 85% rule and would be served day-for-day with the 85% kicking in on year eleven (11), meaning that you would serve 10 + {(5 x .85 or} 4.25 for a total of 14.25 years (versus 12.75 years).
The bottom line in Florida is that “if you use a gun then you are done”.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/
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