North Florida’s Highest Court Discusses 10-20-Life Law in Aggravated Assault Case

November 11, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A top Florida court ruled that a defendant convicted of aggravated assault with a firearm could not be sentenced to 20 years in prison for discharging it, despite the 10-20-Life law. Learn why.

In Florida, aggravated assault charges are very serious. Under Fla. Stat. 784.021, there are two types of aggravated assault:

• Aggravated assault with a deadly weapon (e.g. a firearm)
• Aggravated assault with intent to commit a separate felony

Both of these are third-degree felonies, ordinarily punishable by up to 5 years in prison and a $5,000 fine. For a full breakdown of aggravated assault (of both kinds) in Florida, click here.

If someone discharges a firearm during a crime, this has the potential to trigger a separate state statute – the 10-20-Life law. Florida’s 10-20-Life law creates the following sentencing scheme for defendants who use a firearm in the commission of an “enumerated felony” (e.g. murder, kidnapping, sexual battery, attempted murder):

• If the defendant carried or brandished the firearm (e.g. pulled it out, waved it around or even had it on their person), a mandatory minimum sentence of 10 years in prison
• If the defendant discharged the firearm but did not injure or kill a victim, a mandatory minimum sentence of 20 years in prison
• If the defendant discharged the firearm and injured or killed a victim, a mandatory minimum sentence of 25 years to life in prison

For a comprehensive breakdown of Florida’s 10-20-Life law (Fla. Stat. 775.087) and its history, click here.

The relationship between aggravated assault with a firearm charges and the 10-20-Life law have been somewhat complicated. Previously, aggravated assault with a firearm was entirely covered by the 10-20-Life statute (an enumerated felony). Until 2016, aggravated assault with a firearm had a 3-year mandatory minimum prison sentence in Florida if someone was convicted.

After the Florida Legislature changed the law, however, this mandatory minimum no longer exists if someone only carried or brandished the gun. Thus, many mistakenly believe aggravated assault with a firearm has been totally removed from the 10-20-Life law (Fla. Stat. 775.087).

But this is not the case. If someone commits an aggravated assault with a firearm and discharges the firearm in the course of that aggravated assault, this is still covered by 10-20-Life. A firearm discharge in the course of an aggravated assault still carries a twenty-year mandatory minimum sentence.

In some cases where a firearm is discharged, especially if the projectile nearly struck a victim, the State may elect to charge someone with both aggravated assault with a firearm and attempted second-degree murder. For more on attempted second-degree murder in Florida, also known as “depraved heart” murder (a second-degree felony), click here.

But what happens if someone is charged and convicted of this pair of crimes after discharging a firearm? Can they receive a 20-year mandatory minimum sentence for an offense that, without the involvement of a firearm, would normally carry up to only 5 years in prison (aggravated assault)?

The answer is – yes, but only under very specific circumstances. This issue was directly addressed by Tallahassee and North Florida’s highest court (Florida’s 1st District Court of Appeal) in Jones v. State, 252 So. 3d 848 (Fla. 1st DCA 2018). Let’s discuss Jones, as it is a fascinating case at the intersection of Florida’s 10-20-Life and aggravated assault laws.

KEY CASE: Jones v. State, 252 So. 3d 848 (Fla. 1st DCA 2018)

In Jones, the defendant (Jones) allegedly discharged a firearm towards at least two victims after threatening them with it. He was charged with aggravated assault with a firearm and attempted second-degree murder. Jones was convicted on both counts.

In the charging document (information) filed against Jones, the State alleged that Jones had threatened the alleged victims with a firearm (aggravated assault), then discharged a projectile from the firearm towards them (attempted second-degree murder). According to the 1st DCA, the State argued the same at trial.

Despite the State only alleging Jones discharged his gun as part of the attempted second-degree murder (not the aggravated assault), the verdict form given to the jury permitted them to find that Jones had also discharged the firearm in the commission of the aggravated assault. 

After deliberating, the jury found Jones guilty and also found that he had discharged the firearm during both crimes (including the aggravated assault). Because of Florida’s 10-20-Life law, the trial judge sentenced Jones to a mandatory minimum 20-year prison sentence on the aggravated assault count – citing the jury’s conclusion that Jones discharged the firearm during the offense.

On appeal, Jones argued that the trial court’s sentence was improper. He noted that both the charging document and the evidence and arguments at trial did not support the finding that he discharged a firearm during the aggravated assault. Because the State had never claimed the aggravated assault involved a discharge, Jones asserted his “10-20-Life” sentence was illegal.

The 1st DCA agreed with Jones and reversed his 20-year sentence on the aggravated assault with a firearm count. The court found support for Jones’s argument that the State had tied the firearm discharge only to the attempted second-degree murder, not the aggravated assault:

“During the episode which formed the basis for the charges against him, Jones discharged a firearm. In the charging document and at trial, the State distinguished between the conduct that supported the charges of attempted second-degree murder and aggravated assault. In connection with the attempted second-degree murder charge, the information charged Jones with the discharge of a firearm during the offense, and the State argued at trial that the discharge of the weapon related to the attempted second-degree murder charge.”

The 1st DCA quoted the State’s closing statement in concluding that the jury should not have been permitted to find that Jones discharged the firearm during the aggravated assault:

“In contrast, with respect to the aggravated assault charge, Jones was charged with possessing a firearm during the commission of the offense. And the State argued at trial that it was the possession of the firearm and not the discharge of the firearm that related to the aggravated assault charge. The State specified that ‘[i]t’s not shooting [the victims],’ ‘[i]t’s threatening [the victims] with it.’”

Essentially, the 1st DCA held that if the State alleged Jones discharged the firearm during the aggravated assault itself, a 20-year mandatory minimum sentence would be proper under Fla. Stat. 775.087 (10-20-Life). But because the State made no such allegation at Jones’s trial – and in fact, said the opposite – the 20-year sentence had to be reversed:

“Accordingly, we reverse Jones’s sentence on Count 2, and remand for the trial court to correct the sentence on this count so that it reflects a sentence of twenty years’ imprisonment with a three-year mandatory-minimum sentence because Jones was charged with and found by the jury to have had actual possession of a firearm during the commission of the offense.”

Note: Because Jones was tried before the 3-year mandatory minimum sentence for aggravated assault with a firearm was abolished, the 1st DCA entered a mandatory minimum sentence of 3 years as opposed to giving the trial court total discretion over sentencing.

In sum, Jones v. State, 252 So. 3d 848 (Fla. 1st DCA 2018) is an intriguing case that cuts to the heart of how sentencing for aggravated assault with a firearm is impacted by Florida’s 10-20-Life law.

No mandatory minimum sentence exists in Florida if an aggravated assault with a firearm is committed without discharging it (e.g. carrying or brandishing). However, if someone does discharge a firearm during an aggravated assault, this triggers 10-20-Life and requires a 20-year mandatory minimum sentence.

Despite this, Jones’s 20-year mandatory minimum sentence was improper, because the State did not allege Jones fired his gun during the course of the aggravated assault (prosecutors said the opposite). But if the State does charge someone with aggravated assault with a firearm involving a discharge and they are convicted, a 20-year mandatory minimum prison term awaits.

Aggravated assault with a deadly weapon and aggravated battery are very serious charges in Florida that can carry lengthy prison sentences and heavy financial penalties. If someone is charged, 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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