Does Aggravated Assault With a Deadly Weapon Trigger Florida’s 10-20-Life Law?

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

Florida’s 10-20-Life law is one of the most significant pieces of legislation in the state relating to the use of firearms. It is also one of the most frequently understood. For many felonies involving the use of a firearm, the 10-20-Life law (Fla. Stat. 775.087) provides:

• If a firearm is displayed but not discharged, the defendant faces a mandatory minimum sentence of 10 years in prison
• If a firearm is intentionally discharged but no injury is caused, the defendant faces a mandatory minimum sentence of 20 years in prison 
• If a firearm is  intentionally discharged and injury or death is caused, the defendant faces a mandatory minimum sentence of 25 years to life in prison

As not every felony involving a firearm is covered by the statute, a common question is whether a charge of aggravated assault with a deadly weapon (if a firearm is used) triggers Florida’s 10-20-Life provisions. The answer is no – unless the firearm is discharged. This article will discuss Florida’s 10-20-Life law, how it relates to the offense of aggravated assault with a firearm, and potential defenses to this charge.

For someone to be convicted of aggravated assault with a deadly weapon in Florida, the following elements must be satisfied beyond a reasonable doubt:

• The defendant made an intentional, unlawful threat to do violence 
• There was an apparent ability for the defendant to carry out the threat
• The threat created well-founded fear in the victim that it was imminently going to be acted upon
• The crime involved the use of a deadly weapon

Aggravated assault with a deadly weapon is considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. If a firearm is involved, 10-20-Life allows for this crime to be charged as a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine) – which will be further explained below.

In Florida, the 10-20-Life law is triggered when the following conditions are satisfied:

• A person is charged with a qualifying felony under 775.087(2)(a)(1)
• 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

The law provides that if a firearm is used during the commission of a felony offense and the use of a firearm is not an essential element of the crime, the charge is to be enhanced by one degree. Put simply, this means that if a firearm is involved in the commission of a felony (assuming it is not already an element of the offense):

• A third-degree felony (punishable by up to 5 years) becomes a second-degree felony (punishable by up to 15 years)
• A second-degree felony becomes a first-degree felony (punishable by up to 30 years in prison)
• A first-degree felony becomes a life felony (punishable by up to life in prison)

However, Florida’s 10-20-Life law does not stop there. It provides harsh mandatory minimum sentences for many felonies under Florida law that override typical statutory maximums for the charged offenses. 

One example is a charge of attempted second-degree murder. This is typically classified as a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. If someone uses a gun, however, the penalties can be much steeper – even exceeding the typical statutory cap. 

This is because attempted second-degree murder can be committed by a variety of means – a firearm is not a necessary element of the offense. As a result, Florida’s 10-20-Life law kicks in. In the context of attempted second-degree murder, this may include:

• A mandatory minimum sentence of 20 years if the firearm was discharged but no injury or death was caused
• A mandatory minimum sentence of 25 years to life if the firearm was discharged and an injury or death resulted

This is consistent with how Florida’s courts interpret the 10-20-Life law. In Mendenhall v. State, the Florida Supreme Court explicitly held that under Fla. Stat. 775.087, the typical statutory maximum sentence for a charged offense can be exceeded if the 10-20-Life law authorizes a higher sentence than the ordinary maximum. Mendenhall v. State, 48 So. 3d 740 (Fla. 2010)

Before 2016, an even larger number of felony offenses in Florida were covered by the 10-20-Life law. But that changed when Fla. Stat. 775.087 was revised. 

Though a large number of felonies remain covered by the law, the Florida Legislature specified that three felony offenses where a firearm is not an essential element do not immediately trigger the 10-20-Life law. These are:

• Aggravated assault with a deadly weapon
• Aggravated assault on LEO (law enforcement officer) 
• Possession of a firearm by a convicted felon (now has a mandatory minimum of 3 years for first offense, 10 years for second offense)

The result of this is – Florida’s 10-20-Life law does not apply if a firearm is only displayed or possessed during the commission of any of these offenses. If the firearm is discharged, however, the law kicks back into effect – 20 years for a discharge of the firearm without bodily injury, and 25 to life for discharge causing bodily injury or death. 

Various defenses exist to the charge of aggravated assault with a deadly weapon, including:

• Lack of intent to threaten
• Lack of well-founded fear in the victim
• No deadly weapon was used
• Mere words or posturing (no overt act)
• Alibi or mistaken identity
• Necessity, duress, or self-defense

In sum, Florida’s 10-20-Life law triggers harsh mandatory minimum penalties for many felonies in Florida that involve the use of a firearm, when the use of a firearm is not an essential element of the crime. Depending on the facts of a case, these mandatory minimums may sometimes exceed the statutory maximum sentence that someone may ordinarily face if convicted of that felony.

As of 2016, aggravated assault with a deadly weapon does not automatically trigger the usual ten-year mandatory minimum sentence for possession or display of a firearm during the commission of a felony. However, if the firearm is ultimately discharged or causes injury or death, the “20-Life” provisions of the 10-20-Life law kick back into effect. 

If someone is charged with a felony that is potentially enhanceable 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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