Florida Statute section 775.087 encompasses what is commonly referred to as the “10/20/Life” statute. This statute requires minimum mandatory prison sentences when a person is convicted of specified felony offenses with a firearm or destructive device.  If a person actually possesses a firearm or destructive device during the commission of the felony, then the sentence is for a minimum mandatory ten years in prison.  There is an exception when the conviction is aggravated assault, possession of a firearm by a convicted felon, or burglary of a conveyance.  These cases carry a minimum mandatory sentence of three years in prison, not ten years.

A person convicted of one of the specified felonies and who discharges a firearm or destructive device during the incident, faces a minimum mandatory sentence of twenty years.  If, as a result of the discharge of the firearm or destructive device, death or great bodily harm is inflicted upon any person, the convicted person shall be sentenced to a minimum mandatory sentence of not less than twenty-five years and not more than life in prison.

If the firearm is a semiautomatic with a high-capacity box magazine or if it is a “machine gun”, then the minimum mandatory prison sentence increases to 15/20/life.

This is a brief explanation of this complex statute.  Mario, Gunde, Peters, Rhoden & Kelley has experience representing people facing these enhanced penalties.  Contact us today to discuss your specific case.