Florida’s “10-20-Life” law is one of the toughest firearm-sentencing schemes in the country. It attaches mandatory minimum prison terms to certain felonies committed with a gun — sentences a judge cannot reduce or suspend. Understanding how it works is essential for anyone facing a charge that involves a firearm, because the minimums often drive the entire defense strategy. This guide explains the law in plain English.
This is general legal information, not legal advice. The statute and its application change, and the consequences are severe, so talk to a Florida criminal defense lawyer about any actual charge involving a firearm.
What 10-20-Life means
The law is codified in Fla. Stat. § 775.087. When a firearm is used in the commission of certain enumerated felonies — including murder, robbery, aggravated assault, aggravated battery, kidnapping, burglary, carjacking, home invasion, and others — the statute imposes escalating mandatory minimums based on what was done with the gun:
| Conduct with the firearm | Mandatory minimum |
|---|---|
| Possessing a firearm during the qualifying felony | 10 years |
| Discharging (firing) the firearm | 20 years |
| Discharging it and causing death or great bodily harm | 25 years to life |
That is the “10-20-Life” shorthand: pull a gun and you face at least 10 years; fire it and you face at least 20; shoot and seriously injure or kill someone and you face 25 years to life. These minimums are added on top of the sentence for the underlying felony and must be served before the defendant becomes eligible for release. The statute also addresses certain weapons differently — for example, possessing a machine gun or a semiautomatic firearm with a high-capacity magazine during a qualifying felony raises the lowest tier from 10 years to a longer minimum. For aggravated assault, the Legislature has carved out exceptions in some circumstances, so the specific charge matters.
Which felonies trigger 10-20-Life
The enhancement does not apply to every crime committed with a gun. It attaches only to the felonies enumerated in Fla. Stat. § 775.087, a list that includes murder, sexual battery, robbery, burglary, arson, aggravated battery, kidnapping, escape, aircraft piracy, aggravated child abuse, aggravated abuse of an elderly or disabled adult, unlawful throwing or placing of a destructive device, carjacking, home-invasion robbery, aggravated stalking, trafficking in controlled substances, and a handful of others. If the underlying charge is not on that list, the firearm minimums in the table do not apply — though other firearm statutes still might. This is why one of the first questions in a firearm case is whether the State has charged a felony that actually qualifies, because a plea or reduction to a non-enumerated offense can remove the mandatory minimum entirely.
Why “mandatory” changes everything
A mandatory minimum is a floor the judge cannot go below. The sentence must be served day-for-day — there is no early release, gain time, or probation in lieu of the minimum (Fla. Stat. § 775.087). That removes the usual sentencing discretion judges have in other cases. As a result, the most consequential defense work happens before sentencing: challenging whether a firearm was actually used, whether the underlying felony qualifies, and whether the stop and search that produced the gun were lawful.
What counts as a “firearm” and “use”
The enhancement turns on the difference between actual possession and the conduct tiers above it. To trigger the 10-year minimum, the defendant must have actually possessed the firearm during the qualifying felony — physically carrying or holding it — rather than merely having constructive possession (a gun within reach or in a co-defendant’s hands). That distinction matters in group cases: the 10-year minimum generally does not attach to a co-defendant who did not personally carry a weapon, even if a confederate did. The higher tiers require more. The 20-year minimum requires proof that the firearm was discharged — actually fired — and the 25-years-to-life tier requires that the discharge caused death or great bodily harm. Each step up is a separate factual finding the State must prove.
Because these are elements that drive the sentence, the jury — not the judge — must make the specific finding (possession, discharge, or discharge causing injury or death) on the verdict form. Whether an object even qualifies as a “firearm” as statutorily defined, whether it was operable, and whether the defendant actually possessed or discharged it are all litigable points that can determine which tier, if any, applies.
Common defenses to a 10-20-Life enhancement
- The underlying felony does not qualify — the enhancement only attaches to specific enumerated offenses.
- No actual possession — the defendant did not personally carry or use the firearm.
- The item was not a firearm as defined, or was inoperable.
- Unlawful search or seizure — if the gun was found through an illegal stop or search, a motion to suppress may remove it from the case (see your rights after an arrest).
- Self-defense or justifiable use — under Florida’s justification statutes, lawful use of force may be a complete defense to the underlying felony.
How the minimum interacts with the underlying sentence
The 10-20-Life term is a minimum, not the whole sentence. The judge can impose more than the floor — up to the maximum for the underlying felony — but cannot go below it, and the mandatory portion must be served day-for-day with no gain-time, probation, or early release. Where a defendant is convicted of multiple counts — for example, an armed robbery of several victims in one episode — the mandatory minimums can sometimes be stacked to run consecutively rather than concurrently, dramatically increasing total exposure; whether stacking is permitted or required has been the subject of significant Florida case law, and it depends on the facts of each count. Because the firearm enhancement is proven as part of the case, the jury makes the specific finding (possessed, discharged, or discharged-and-injured), and that finding is what locks in the applicable minimum.
The aggravated-assault carve-out
The Legislature has, over time, adjusted how 10-20-Life applies to aggravated assault. When the law was first enacted, aggravated assault with a firearm carried the same automatic 10-year minimum as far more serious felonies, and high-profile “warning shot” cases — where defendants who fired to scare off an attacker received decade-long mandatory terms — drew widespread criticism that the statute was sweeping in self-defense scenarios. In response, a 2016 reform removed aggravated assault from the list of offenses carrying the automatic minimum, restoring judicial discretion in that narrow category so a judge can weigh the circumstances rather than being bound to a fixed floor. Because these provisions have been amended before and may change again, the precise treatment of an aggravated-assault charge should always be checked against the current text of Fla. Stat. § 775.087.
Why early defense work is decisive
With most charges, a strong sentencing presentation can move the outcome. With a 10-20-Life charge, the judge’s hands are largely tied at sentencing, so the leverage is almost entirely up front. That means attacking whether the stop and search that produced the firearm were lawful, whether the defendant actually possessed the gun, whether the underlying felony qualifies, and whether the case can be negotiated down to a charge that does not carry the enhancement. A plea to a non-qualifying offense, when available, can be the difference between probation and decades in prison.
How this fits with the rest of Florida criminal law
10-20-Life is a sentencing enhancement layered on top of an underlying felony, so the grading of that felony still matters — see our guide on misdemeanors vs. felonies in Florida. For the full criminal-process picture, including bail, speedy trial, and plea options, see the hero guide on criminal defense in Florida.
Frequently asked questions
Does the gun have to be fired for 10-20-Life to apply?
No. Merely possessing a firearm during a qualifying felony triggers the 10-year minimum under Fla. Stat. § 775.087. Discharging it raises the floor to 20 years, and injuring or killing someone raises it to 25 years to life.
Can a judge give less than the mandatory minimum?
Generally no. The minimum must be imposed and served, with limited statutory exceptions. That is why challenging the firearm element or the legality of the search is so important.
What if I didn’t personally hold the gun?
The enhancement generally requires that you actually possessed the firearm. If a co-defendant carried the gun and you did not, the minimum may not apply to you — a fact-specific question for your lawyer.
Does 10-20-Life apply to every felony?
No. It applies only to the specific felonies listed in Fla. Stat. § 775.087, such as murder, robbery, aggravated battery, kidnapping, and burglary. Other felonies are not subject to these particular minimums.
Is the mandatory minimum reduced by gain-time?
No. A 10-20-Life minimum must be served in full, day-for-day, with no gain-time, parole, or early release applied to the mandatory portion. That is what makes the enhancement so consequential and why challenging it before sentencing is critical.
Can the minimums be stacked across multiple counts?
Sometimes. Where a defendant is convicted on more than one qualifying count, Florida law may allow the mandatory minimums to run consecutively rather than concurrently, which can multiply total prison exposure. Whether stacking applies is a fact-specific question shaped by Florida case law, so it should be reviewed with counsel.
Find a Florida criminal defense attorney
Because 10-20-Life can turn a single charge into decades of mandatory prison time, early and aggressive defense work is critical. A Florida criminal defense attorney can challenge the firearm element, the underlying felony, and the legality of the search before any minimum is locked in. Consider speaking with a licensed Florida lawyer as soon as possible.