20 Years in Prison for Warning Shots? Florida’s 10-20-Life Law Explained

June 25, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s “10-20-Life” law is one of the state’s most significant laws in terms of punishing crime involving firearms. If someone commits a felony while using a firearm, and the use of a firearm is not an element of that underlying felony, Florida’s 10-20-Life law creates a system of mandatory minimum sentences based on how the firearm was used. 

This article will discuss Florida’s 10-20-Life law and some of its implications – including a potential 20-year minimum prison sentence for firing warning shots. 

The 10-20-Life law (Fla. Stat. Section 775.087) provides that whenever a person is charged with a felony (that does not have the use of a firearm as an essential element) and one of the following is true, the statute is triggered:

• During the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or
• During the commission of such felony the defendant commits an aggravated battery

If either (or both) of these conditions are satisfied, the felony charge against a defendant is to be revised upward by one degree for sentencing purposes. In practice, this means:

• A third-degree felony (punishable by up to 5 years in prison and a $5,000 fine) becomes punishable as a second-degree felony (up to 15 years in prison and a $10,000 fine)
• A second-degree felony becomes punishable as a first-degree felony (up to 30 years in prison and a $10,000 fine) 
• A first-degree felony becomes punishable as a life felony (up to life in prison) 

But what does “10-20-Life” actually mean? Fla. Stat. Section 775.087 has earned the alternative title of the “10-20-Life” law because it provides for mandatory minimum sentences for many felony offenses in the state when a firearm is involved. Specifically, the statute provides:

• If a firearm is carried or brandished during the commission of the felony offense, the defendant must receive a mandatory minimum sentence of 10 years 
• If a firearm is intentionally discharged during the commission of the felony offense, the defendant must receive a mandatory minimum sentence of 20 years 
• If a firearm is intentionally discharged and causes great bodily harm or death, the defendant must receive a mandatory minimum sentence of at least 25 years – and up to life – in prison

The felony offenses that trigger Florida’s 10-20-Life law are listed in subsection (2)(a)1 of the statute. These include:

• Murder, sexual battery, robbery, burglary, arson
• Aggravated battery, kidnapping, escape, aircraft piracy
• Aggravated child abuse, aggravated elder abuse, drug trafficking, carjacking, and home invasion robbery
• Possession of a firearm by a convicted felon (3 year mandatory minimum for first offense, 10 years for repeat offenders)

In the context of the 10-20-Life law, a judge does not have discretion as to how long a minimum sentence is. If the law mandates a minimum of 10 or 20 years be served by someone convicted of a particular felony involving a firearm – even if that judge feels the mandated sentence is unfair or disproportionate – they are legally bound to order the mandatory minimum sentence provided in the 10-20-Life law.

An issue that has often been raised in the context of the 10-20-Life law is that the statute imposes mandatory minimum sentences that in some cases override the typical maximum sentence for the underlying offense. Mendenhall v. State, 48 So. 3d 740 (Fla. 2010). 

In Mendenhall, the appellant was convicted of attempted second-degree murder involving a firearm after he shot and injured a victim. Given the involvement of a firearm and the fact that attempted second-degree murder is usually a second-degree felony, this was reclassified to a first-degree felony for sentencing purposes (up to 30 years in prison).

However, the trial court ordered a 35-year mandatory minimum sentence. The court cited the 10-20-Life law in doing so, arguing the law authorized a sentence of up to life in prison because a firearm was discharged and caused an injury. Mendenhall challenged the Florida Supreme Court, arguing that the trial court erred because he could only receive up to 30 years in prison for a first-degree felony.

The Florida Supreme Court upheld the sentence. It reasoned that Florida’s 10-20-Life law allows for a sentence that exceeds the usual statutory maximum in certain contexts. Though attempted second-degree murder involving a firearm would typically only carry up to 30 years in prison, the injury of a victim triggered Florida’s 10-20-Life law – allowing for the court to impose a minimum sentence of up to LIFE in prison.

Given the deference of Mendenhall towards Florida’s 10-20-Life law in the context of attempted second-degree murder, some legal advocates have raised the question: could someone receive 20 years in prison simply for firing warning shots (without injuring anyone)?

This question is particularly important because Florida’s 10-20-Life statute covers sentencing for all murder laws in the state. And to prove attempted second-degree murder – unlike other forms of murder – the State does not have to establish an intent to kill. 

For someone to be convicted of attempted second-degree murder, the following must be proven beyond a reasonable doubt:

• The defendant intentionally committed an act that could have resulted in the death of a victim, but did not
• The act was imminently dangerous to another and evinced a depraved mind
• The act was overt and went beyond mere preparation

For an act to be considered imminently dangerous to another and demonstrate a depraved mind, the following three things must be true:

• A person of ordinary judgment would know the act is reasonably certain to kill or do serious bodily to another
• It is done from ill will, hatred, spite, or evil intent
• It is of such a nature that the act itself indicates an indifference to human life

So, could someone indeed receive 20 years simply for firing warning shots? The answer is yes – if the State charges someone with attempted second-degree murder in spite of a lack of injury — and argues that the firearm discharge could have caused death and demonstrated a “depraved mind.” If the defendant in such a case was convicted, the judge would be required to sentence them to a minimum of 20 years in prison.

There is some precedent for this. Though it involved a charge of aggravated assault with a deadly weapon (not attempted second-degree murder), the case of Marissa Alexander provides insight into the potential implications of Florida’s 10-20-Life law. 

Marissa Alexander is a Florida woman who alleged she was a victim of domestic abuse. When her husband allegedly attacked her and threatened to kill her, she grabbed her firearm and fired a warning shot. She was charged with aggravated assault with a deadly weapon.

Alexander was convicted in 2012. She received a mandatory minimum of 20 years in prison, though a new trial was later ordered and she accepted a plea that released her after she served 3 years. 

Though aggravated assault with a deadly weapon no longer triggers 10-20-Life if the firearm is only carried or displayed (10 years), it still triggers the mandatory minimum sentencing scheme if it is actually discharged (20 years). If someone is convicted of aggravated assault with a deadly weapon involving a firearm or attempted second-degree murder after firing warning shots, Florida’s 10-20-Life law mandates the person convicted spend at least 20 years in prison.

In sum, Florida’s 10-20-Life law creates a scheme of mandatory minimum sentences when someone is convicted of certain felonies involving the use of a firearm. The law requires a mandatory minimum sentence of 10 years in prison if a firearm is carried or brandished during a felony, 20 years if the firearm is discharged, and 25 years to life if the discharge injures or kills a victim.

The consequences of this sentencing scheme are far-reaching and profound. Mendenhall permits 10-20-Life to override traditional sentencing caps if the mandatory minimum sentence provided by the law is greater than the typical maximum for the charged offense. 

Moreover, the case of Marissa Alexander shows that if someone is convicted of a crime such as aggravated assault with a deadly weapon or attempted second-degree murder (even if only for firing warning shots that did not cause an injury), the 10-20-Life law provides for a mandatory minimum sentence of 20 years in prison.

If someone is charged with a felony that is potentially enhanceable for sentencing purposes under Florida’s 10-20-Life law, this can carry lengthy prison sentences and heavy financial penalties if they are convicted. It is vital to find experienced and aggressive legal representation as soon as possible. 

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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