10-20-Life Firearm Sentencing — Florida

Florida’s 10-20-Life law is one of the most punishing sentencing statutes in the country. If a firearm was present during the commission of certain felonies, the judge does not have a choice — they impose the mandatory minimum. It is a mandatory floor, not a guideline or recommendation, and it cannot be negotiated, departed from, or reduced by judicial discretion once you are convicted. The minimums run ten years for possessing the firearm, twenty years if it was discharged, and twenty-five years to life if someone was injured or killed. I have handled cases throughout the 10th Judicial Circuit where 10-20-Life was at issue, and defeating the firearm enhancement — or keeping a firearm allegation out of the charge in the first place — is often the single most important objective in the entire case.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Does Florida § 775.087 Actually Say?

Florida § 775.087 reclassifies felony offenses upward and imposes mandatory minimum sentences when a firearm is used in the commission of certain felonies. Here is the framework:

Offense reclassification: Any felony that is not a capital or life felony is reclassified one degree upward — for example, a second-degree felony becomes a first-degree felony — when the defendant carries, displays, uses, threatens to use, or attempts to use a weapon during the commission of the underlying offense.

Mandatory minimums apply when: The offense is one of the enumerated qualifying offenses under § 775.087(2)(a), which include: murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, homicide, aggravated child abuse, aggravated abuse of an elderly person, aircraft piracy, unlawful throwing or placing of a destructive device, carjacking, home invasion robbery, aggravated stalking, and a range of drug trafficking offenses.

What Are the Three Tiers of the 10-20-Life Law?

Firearm Conduct During Qualifying Felony	Mandatory Minimum	Statute
Possession or use of firearm during qualifying felony	10 years	§ 775.087(2)(a)1
Discharge of firearm during qualifying felony	20 years	§ 775.087(2)(a)2
Discharge causing death or great bodily harm	25 years to life	§ 775.087(2)(a)3

These minimums are non-negotiable at sentencing. A judge who would otherwise impose a lighter sentence has no authority to do so once the firearm element is established at trial or through a plea. The only ways to avoid the mandatory minimum are:

1. Win acquittal on the underlying qualifying felony
2. Win acquittal or dismissal specifically on the firearm element
3. Negotiate a plea to a reduced charge that eliminates the firearm element (requires the State Attorney to agree)
4. Succeed on a substantial assistance motion if applicable (cooperation with law enforcement)

How Are 10-20-Life Cases Charged and Tried in Polk County?

The 10-20-Life enhancement is charged as a separate allegation in the information or indictment filed by the State Attorney’s Office. The State must specifically allege and prove the firearm element. In a jury trial, the firearm element is submitted to the jury separately and must be proven beyond a reasonable doubt before the mandatory minimum applies.

This matters enormously from a strategic standpoint. In some cases, the evidence of the underlying offense is strong but the evidence of the firearm element is vulnerable. Building a defense that concedes nothing but focuses the jury’s attention on the firearm element can produce a conviction on the underlying felony without the mandatory minimum. That fight turns on whether the firearm existed, whether the defendant actually possessed it, whether it qualifies as a firearm under the statutory definition, and whether it was truly used “during” the commission of the qualifying offense. That outcome is a profound difference in someone’s life.

What Are the Strategies to Challenge the Firearm Enhancement Under § 775.087?

Object was not a firearm. Florida § 790.001(6) defines a firearm as a weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. A toy gun, BB gun, air pistol, flare gun, or starter pistol may not qualify as a firearm under this definition. When the object involved is not a genuine firearm, the enhancement does not apply. I retain forensic experts to evaluate the actual object when its qualification is genuinely disputed, because the classification determination is the difference between the mandatory minimum and a standard felony sentence.

Defendant did not possess the firearm. Constructive possession — a firearm in a nearby location not on the defendant’s person — may not constitute “possession” for purposes of § 775.087. The statute’s language is specific about possession, use, and display, and the State must prove the defendant actually had the firearm, not merely that a firearm was found somewhere in the vicinity. In multi-defendant or shared-space cases, establishing who actually possessed the firearm is often the central factual dispute.

Firearm not used in commission of the qualifying felony. The enhancement requires that the firearm be used during the commission of the qualifying felony. A firearm found in a defendant’s home that was not connected to the alleged robbery committed across town may not satisfy the nexus requirement. I examine the temporal and physical connection between the firearm and the qualifying felony in every case where the connection is less than direct and obvious.

Negotiating the firearm element out of the plea. If the State’s evidence on the firearm element is vulnerable — insufficient identification of the defendant as the person who possessed it, uncertainty about whether the object was a firearm, or a weak connection between the firearm and the qualifying offense — I use that vulnerability in negotiations. A plea to the underlying felony without the firearm enhancement eliminates the mandatory minimum entirely. The State Attorney’s Office in Bartow has discretion on whether to pursue the enhancement in plea negotiations, and exercising leverage on the firearm element is a central part of plea strategy in these cases.

Suppression of the firearm evidence. If the firearm was discovered through an unlawful search, suppression removes the firearm evidence from the case entirely. No firearm evidence means no firearm element and no mandatory minimum. I evaluate suppression arguments in every 10-20-Life case as the first line of analysis, because defeating the firearm evidence at the suppression stage is far more reliable than contesting it at trial.

What Qualifying Offenses Trigger the 10-20-Life Mandatory Minimum?

Florida § 775.087(2)(a) lists the qualifying offenses that, when committed with a firearm, trigger the mandatory minimum scheme. The list is extensive and includes many of the most serious offenses charged in Polk County courts:

• Murder (§ 782.04) and manslaughter (§ 782.07)
• Sexual battery (§ 794.011)
• Robbery (§ 812.13) and home invasion robbery (§ 812.135)
• Burglary (§ 810.02)
• Arson (§ 806.01)
• Aggravated assault (§ 784.021) and aggravated battery (§ 784.045)
• Kidnapping (§ 787.01)
• Carjacking (§ 812.133)
• Aggravated child abuse (§ 827.03)
• Aggravated stalking (§ 784.048)
• Aircraft piracy (§ 860.16)
• Certain drug trafficking offenses under Chapter 893

When a defendant faces any of these charges alongside a firearm allegation, the 10-20-Life scheme is in play. The practical consequence of a conviction on both the qualifying offense and the firearm element is a sentence that begins at the mandatory minimum — regardless of the defendant’s actual criminal history, the circumstances of the offense, or the judge’s own view of appropriate punishment.

What Is the Relationship Between 10-20-Life and Other Weapons Charges?

The 10-20-Life enhancement under § 775.087 is a sentencing enhancement, not a standalone charge; it attaches to another qualifying felony. It can arise in conjunction with any of the weapons charges on this website:

• Felon in possession (§ 790.23) — when charged alongside a qualifying felony, the firearm possession creates 10-20-Life exposure even though § 790.23 itself has no mandatory minimum
• Shooting into occupied building (§ 790.19) — when charged as the qualifying felony alongside discharge of the firearm, the 20-year mandatory minimum is triggered
• Aggravated assault with a firearm — one of the most common Polk County scenarios where 10-20-Life applies, because aggravated assault is an enumerated qualifying offense
• Robbery with a firearm — the most common scenario for the 25-to-life tier when a victim is shot during the robbery

What Other Charges Are Related to 10-20-Life Cases?

• Felon in Possession of Firearm — § 790.23
• Shooting Into Occupied Building — § 790.19
• Weapons & Firearms Defense Overview

Frequently Asked Questions About Florida’s 10-20-Life Law

Can a judge give less than the mandatory minimum in a 10-20-Life case?

No. Once the firearm element is established — either by jury finding or by plea — the judge is required by law to impose the mandatory minimum. There is no downward departure authorized for these mandatory minimums under § 775.087. The only relief comes from the appellate process challenging the conviction, a plea that eliminates the firearm element before sentencing, or a substantial assistance motion filed by the State Attorney on behalf of a cooperating defendant.

Does 10-20-Life apply if I didn’t pull the trigger?

The tiers depend on the specific conduct. Possession of a firearm during a qualifying felony triggers the 10-year minimum regardless of whether the firearm was discharged. If the firearm was discharged by a co-defendant — not the charged defendant — whether the 20-year minimum applies depends on whether the defendant is charged as a principal under Florida’s principal liability statute and whether the jury finds the defendant is legally responsible for the co-defendant’s discharge of the weapon.

Does a BB gun or air pistol count as a “firearm” for 10-20-Life purposes?

Generally no. Florida defines “firearm” under § 790.001(6) as a weapon that expels a projectile by the action of an explosive. Air-powered and spring-powered weapons do not use explosive propellants and typically do not qualify as firearms under the statutory definition. However, some objects occupy a gray area — particularly realistic-looking air guns — and the State will argue the most expansive definition it can support. I challenge the classification of the object whenever its firearm status under § 790.001(6) is genuinely contestable.

What happens if I am convicted of the underlying felony but not the firearm element?

If the jury convicts on the underlying qualifying felony but does not find the firearm element proven, the mandatory minimum does not apply. The judge sentences on the underlying felony without the § 775.087 floor. This outcome — conviction without the mandatory minimum — is sometimes the most realistic favorable outcome in cases where the underlying offense evidence is strong but the firearm element evidence is weak. Building the defense strategy around this possibility is entirely legitimate and is sometimes the most practical path to the best outcome available.

Can the State offer a plea deal that avoids the mandatory minimum?

Yes. The State Attorney has discretion to offer a plea that reduces the charge to one that does not include the firearm enhancement. This can mean pleading to a lesser version of the underlying offense, or to an offense that is not enumerated under § 775.087(2)(a). Whether the State will offer this depends on the strength of the defense, the specific facts, and the leverage the defense has developed through the investigation and pretrial litigation. I pursue this option in every case where the mandatory minimum exposure is the primary driver of the risk calculus.

Does the 10-20-Life law apply to juvenile defendants charged as adults?

Yes. When a juvenile is charged as an adult under Florida’s direct file or transfer procedures, all adult sentencing provisions apply, including § 775.087. The U.S. Supreme Court’s decisions in Graham v. Florida and Miller v. Alabama have limited mandatory life sentences without parole for certain juvenile offenders, but these decisions do not categorically exempt juveniles tried as adults from the 10-20-Life mandatory minimum structure in cases that do not involve life sentences for non-homicide offenses.

How long does a 10-20-Life sentence actually mean before release?

Florida abolished parole for offenses committed after October 1, 1983. For offenses subject to 10-20-Life mandatory minimums, the sentence is real prison time — there is no parole board discretion to release a defendant before the mandatory minimum is served. A defendant sentenced to 10 years must serve 10 years. A defendant sentenced to 20 years must serve 20 years. The 10-20-Life law was specifically designed to eliminate judicial and parole discretion from these sentences, and it does exactly that.