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”.
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client’s interests and custom tailors his services to meet each client’s particular situation, needs and desires.
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