What is Florida’s 10-20-Life Law?

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

Florida’s “10-20-Life” law is one of the state’s most widely-discussed statutes. It plays a significant role in sentencing at criminal trials if someone is found guilty of committing a felony involving a firearm, and the use of a firearm is not an essential element of that felony.

But what does the 10-20-Life law actually say? This article will discuss the answer to this key question.

Florida’s 10-20-Life law is codified within Fla. Stat. Section 775.087. 10-20-Life becomes relevant in a criminal case if someone is charged with a felony and one or more of the following conditions are satisfied:

• 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

For sentencing purposes, any felony committed that does not involve the use of a firearm as an essential element of that offense is enhanced by one degree. This means:

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

Florida’s 10-20-Life law covers various felonies in the state, providing automatic sentencing enhancements if any of the following are committed and a firearm is involved (775.087(2)(a)1):

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

One of the most frequent questions surrounding the 10-20-Life law is where it gets its name. The statute earned this colloquial title because of the mandatory minimum sentences it imposes if a firearm is used in the commission of any of the above felonies. The law provides:

• If a firearm is carried or displayed in the commission of an enumerated felony, the defendant must be sentenced to a mandatory minimum of 10 years in prison
• If the firearm is intentionally discharged during the commission of an enumerated felony but does not injure or kill anyone, the defendant must be sentenced to a mandatory minimum of 20 years in prison
• If the firearm is intentionally discharged during the commission of an enumerated felony and results in the injury or death of a victim, the defendant must be sentenced to a mandatory minimum of 25 years to life in prison 

A firearm under Florida Statutes 790.10 is defined as “any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.” This does not include an antique firearm unless the antique firearm is used in the commission of a crime.”

Note: The offense of aggravated assault with a deadly weapon is partially covered by the 10-20-Life law. The display or carrying of a firearm during an aggravated assault with a deadly weapon no longer triggers the 10-year mandatory minimum (as of 2016). However, if the firearm is discharged, the 20-year mandatory minimum kicks in.

If someone is found guilty of an offense that is subject to the 10-20-Life law’s sentencing enhancements, the judge has no discretion in the minimum sentence that can be imposed. The trial judge must sentence them to at least 10 years (if found guilty of brandishing or carrying), 20 years (intentionally discharging) or 25 years to life (for injury or death caused by the discharge).

But if an underlying element of a crime is the use of a firearm, 10-20-Life does not apply in setting mandatory minimum sentences for that offense. Such crimes include:

• Shooting into an occupied dwelling (790.19)
• Carrying a concealed firearm without a permit (790.01(2))
• Carrying or discharge of a firearm on school property (790.115)

A notable aspect of Florida’s 10-20-Life law is that the statute overrides the typical maximum sentences for the felonies covered by the statute, if the mandatory minimum imposed exceeds the usual statutory sentencing cap. Mendenhall v. State, 48 So. 3d 740 (Fla. 2010). 

In Mendenhall, the Florida Supreme Court ruled that the imposition of mandatory minimum sentences exceeding the typical statutory maximum for the offense were permissible under 10-20-Life. Mendenhall was convicted of attempted second-degree murder with a firearm, injuring a victim during the commission of the act. He was sentenced to 35 years in prison.

Mendenhall appealed to the Florida Supreme Court, arguing his sentence was unconstitutional. Mendenhall reasoned that attempted second-degree murder is a second-degree felony – which is punishable as a first-degree felony (maximum of 30 years in prison) if it involves a firearm. As his 35-year sentence went beyond the statutory maximum, he argued his sentence should be reversed.

But the Florida Supreme Court disagreed. It held that Mendenhall’s sentence was authorized by the 10-20-Life law. The Mendenhall majority reasoned that the statute provided that someone who commits attempted murder and injures a victim can face a mandatory minimum of between 25 years and life in prison. Thus, the sentence was upheld.

Some have argued against Mendenhall, insisting the 10-20-Life law authorizes a mandatory minimum sentence of 25 years for injury due to discharge of a firearm, and a mandatory minimum of life if someone is killed. The precise language of the statute remains ripe for discussion – but for now, Mendenhall remains the law.

In Hatten v. State, the Florida Supreme Court dealt with a similar issue relating to the 10-20-Life law. There, a judge imposed a 40-year sentence in Hatten’s case after he was found guilty of attempted second-degree murder with a firearm – specifying that he must serve a minimum of 25 years of the 40 (pursuant to the 10-20-Life law). Hatten v. State, 203 So.3d 142 (Fla. 2016).

As the offense involved an injury caused by the intentional discharge of a firearm, the Florida Supreme Court upheld the 25-year mandatory minimum sentence. But it struck down the judge’s imposition of a total sentence above the typical 30-year statutory maximum. 

This is because Florida’s 10-20-Life law authorizes only the imposition of a minimum sentence that exceeds the statutory maximum. If the judge imposes additional time on top of the minimum that exceeds the statutory maximum, this is impermissible – unless additional statutory authority explicitly provides the judge such power.

The Hatten majority observed that the decision was not in conflict with Mendenhall. This is because the trial judge in Mendenhall ordered a mandatory minimum sentence of 35 years. Hatten specified that the judge could have ordered Hatten to serve a mandatory minimum of 40 years (and up to life). But since he ordered a minimum of just 25 years, Hatten’s total sentence could not exceed the 30-year statutory cap.

Depending on the facts of a 10-20-Life case, various defenses may exist to the charge(s) that have been brought. These may include:

• No actual possession of a firearm
• No discharge of a firearm
• No bodily injury
• No real firearm (such as a BB gun being possessed)
• Self-defense or defense of others
• Stand Your Ground
• Accidental discharge (can defeat intentional discharge requirement for 20-year enhancement) 

In sum, Florida’s 10-20-Life law significantly increases the mandatory minimum – and in some cases, maximum – criminal penalties someone may face if convicted of a felony involving the use of a firearm. 

If a firearm is carried or displayed during the commission of a felony where the possession of a firearm is not an essential element, someone may face a mandatory minimum sentence of 10 years in prison. If the firearm is intentionally discharged, someone faces a mandatory minimum of 20 years in prison – and if that discharge results in injury or death, a mandatory minimum of up to 25 to life for a qualifying offense.

Various defenses exist to felony charges punishable by Florida’s 10-20-Life law. They may include self-defense, accidental discharge, or no actual possession of a firearm. The use of one or more of these defenses will depend on the facts of an individual case.

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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