FLORIDA’S “10-20-LIFE” LAW
F. S. 775.087
IF YOU ARE ACCUSED OF A CRIME INVOLVING POSSESSION OF A FIREARM, THE STATE OF FLORIDA WILL MAKE EVERY ATTEMPT TO PROSECUTE AND CONVICT.
PROSECUTORS HAVE DEVELOPED SPECIAL DIVISIONS THAT ARE RESPONSIBLE FOR OFFENSES INVOLVING POSSESSION OF FIREARMS.
F.S. 775.087 OPERATES AS A FIREARM ENHANCEMENT. IF A FIREARM IS USED IN THE COMMISSION OF AN ENUMERATED CRIME, A MANDATORY MINIMUM PRISON SENTENCE SHALL BE IMPOSED.
THE JUDGE HAS NO DISCRETION PURSUANT TO 10-20-LIFE TO REDUCE A MANDATORY MINIMUM FIREARM SENTENCE.
IF YOU ARE CONVICTED OF AN ENUMERATED FELONY, WHILE IN POSSESSION OF A FIREARM, THE MANDATORY MININUM SENTENCE MUST BE IMPOSED REGARDLESS OF THE CIRCUMSTANCES.
THE ENUMERATED FELONIES THAT IMPOSES AN ENHANCED MANDATORY MININUM SENTENCE UPON POSSESSION OF A FIREARM ARE AS FOLLOWS:
A 3 YEAR MANDATORY MINIMUM SENTENCE SHALL BE IMPOSED UPON A CONVICTION OF:
- AGGRAVATED ASSAULT WITH A FIREARM.
- POSSESSION OF A FIREARM BY A CONVICTED FELON.
- BURGLARY OF A CONVEYANCE (VEHICLE, BOAT, BUSINESS).
A 10 YEAR MINIMUM PRISON SENTENCE IF THE OFFENDER IS IN POSSESSION OF A FIREARM.
A 20 YEAR MININUM PRISON SENTENCE IF THE OFFENDER DISCHARGES THE FIREARM.
A 25 TO LIFE MININUM PRISON SENTENCE IF THE OFFENDER DISCHARGES THE FIREARM CAUSING SERIOUS BODILY INJURY OR DEATH.
10-20-LIFE APPLIES TO THE FOLLOWING OFFENSES:
- AGGRAVATED ABUSE OF AN ELDERLY OR DISABLED ADULT.
- AGGRAVTED BATTERY.
- AGGRAVTED CHILD ABUSE.
- AIRCRAFT PIRACY.
- DRUG TRAFFICKING.
- HOME INVASION ROBBERY.
- SEXUAL BATTERY.
- UNLAWFUL DISCHARGE OF A DESTRUCTIVE DEVICE.
THERE ARE DEFENSES TO THE 10-20-LIFE STATUTE THAT MUST BE INVESTIGATED SUCH AS FLORIDA’S “STAND YOUR GROUND” LAW. Click Here
While I was a student attending Nova Southeastern University School of Law, I became a certified legal intern prosecuting cases for the Broward County State Attorney’s Office in the Spring of 1990. I prosecuted misdemeanor cases in county court prior to my admission to the Florida Bar.
Upon being admitted to the practice of law by the Florida Bar in September 1990, I was employed as an Assistant State Attorney by the Broward County State Attorney’s Office. I was responsible for prosecuting individuals accused of misdemeanors such as driving under the influence, petit theft, assault, and battery. In September 1992, I was promoted to county court supervisor.
In December 1992, I was promoted to felony circuit court responsible for prosecuting individuals accused of aggravated battery, aggravated assault, robbery, burglary, firearm offenses and felony narcotic violations. In November 1993, I was promoted to “Lead Prosecutor”, Felony Trial Unit.
In August 1994, I was promoted and assigned to the Broward County Sex Crimes / Child Abuse Unit. As a former prosecutor, I conducted numerous “pre-filing interviews”. I communicated consistently with detectives and made the ultimate decision whether to charge an individual with a sex / child abuse crime.
Upon leaving the State Attorney’s Office in 1997, I have dedicated my professional life defending individuals charged with serious crimes. Please utilize my extensive training, background and experience to defend and protect you and your loved ones. I will carefully examine each aspect of your case. From the interviews conducted, the alleged evidence derived from the crime scene, and most importantly, the alleged victim. Motive, intent, bias, and prejudice of the government’s alleged victim and witnesses shall be brought forward before the detective, prosecutor, and Court.