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Mandatory Sentencing for Gun Crimes in Florida: Minimums and Enhancements

Mandatory Sentencing for Gun Crimes in Florida: Minimums and Enhancements

Florida has some of the toughest mandatory minimum sentencing laws for gun crimes in the country. These laws, like the 10-20-Life law, require judges to impose strict mandatory minimum prison sentences for certain firearm offenses.While supporters argue these laws deter crime, critics say they impose overly harsh punishments and disproportionately impact minorities. This article will examine Florida’s mandatory minimum sentencing laws for gun crimes, looking at the minimums required, how they work, defenses, and the debate around them.

Overview of Florida’s Mandatory Minimums for Gun Crimes

Florida’s mandatory minimum sentencing laws for gun crimes began in 1999 with the 10-20-Life law. This law created mandatory minimums for three types of offenses:

• Showing a gun during a crime – 10 year minimum
• Firing a gun during a crime – 20 year minimum
• Shooting someone during a crime – 25 years to life

Since then, Florida has added other mandatory minimums for gun possession by felons (3 years) and possession of semiautomatic weapons or machine guns (15 years). Judges have no discretion with these sentences – they must impose the mandatory minimums required by law.These laws have led to long prison sentences for many offenders. The average sentence for those convicted under 10-20-Life is 13.6 years. Over 75% of offenders receive at least 10 years

.While designed to deter, some argue these mandatory minimums impose overly harsh punishments not fitting the crime. They point to cases like that of Orville Lee Wollard, a Florida man who received 20 years for firing a warning shot at his daughter’s boyfriend despite having no prior felonies

.Below we’ll take a closer look at how these mandatory minimum sentencing laws work in Florida.

10-20-Life Mandatory Minimums

Florida’s 10-20-Life law is contained in Florida Statute 775.087. It requires mandatory minimum prison terms for three types of offenses:

• 10 Years: Showing a firearm during any felony offense. This includes displaying, making reference to, or claiming possession of a firearm during a felony.
• 20 Years: Discharging a firearm during any felony offense. This includes firing the weapon.
• 25 Years to Life: Discharging a firearm and causing great bodily harm or death during any felony offense.

Unlike some states, brandishing or showing a firearm is enough to trigger the 10 year mandatory minimum under Florida law. The firearm does not need to be used in a threatening or violent manner. Just displaying or referring to it during a felony is sufficient

.Judges have no discretion to lower these mandatory minimum sentences except under very limited circumstances (see Defenses section). The 10-20-Life sentencing enhancements must be imposed consecutively (on top of) any sentence for the underlying felony charge.For example, if someone is convicted of armed robbery for stealing money at gunpoint, they would face:

• 5 years for the robbery
• Plus 10 years for displaying the gun under 10-20-Life

So their total minimum sentence would be 15 years.

Mandatory Minimums for Felons and Machine Guns

In addition to 10-20-Life, Florida law contains other mandatory minimums for illegal gun possession:

• 3 Years: Possession of a firearm by a convicted felon FS 775.087
• 15 Years: Possession of a semiautomatic weapon or machine gun during a felony FS 775.087

Similar to 10-20-Life, judges cannot lower these mandatory minimums except under very limited circumstances. They must be imposed on top of any sentence for an underlying offense.

How Mandatory Minimums Are Imposed

Prosecutors have sole discretion in deciding whether to charge offenses that will trigger mandatory minimums under Florida law. When they file charges carrying mandatory minimums, that binds the court – judges cannot lower sentences below the minimums.However, prosecutors can opt not to charge offenses carrying mandatory minimums. For example, in a robbery involving a gun, they could:

• Charge armed robbery + 10-20-Life – Judge must impose minimums
• Or just charge robbery – Judge can impose any sentence

Prosecutors also have discretion in offering plea deals. They may allow a defendant to plead guilty to an offense not carrying a mandatory minimum in exchange for dropping charges that do. This gives judges more flexibility in sentencing.But when mandatory minimums are formally charged and not dropped in a plea, judges cannot lower sentences below the minimums dictated by law.

Limited Defenses/Exceptions

Florida law provides limited defenses and exceptions allowing judges to impose sentences below the mandatory minimums in certain circumstances:

• Substantial Assistance: Defendants who provide “substantial assistance” to prosecutors in investigating or prosecuting others can receive relief from mandatory minimums FS 775.087. This is the most commonly used exception.
• Constitutional Invalidity: Defendants can challenge the constitutionality of the mandatory minimums and argue they violate the 8th Amendment prohibition on cruel and unusual punishment. However, these challenges rarely succeed.
• Youthful Offenders: Defendants who qualify for youthful offender status may be exempt from mandatory minimums in some cases under FS 958.04. This applies to offenders 21 or younger.

Outside of these limited circumstances, judges have no discretion to lower sentences below the mandatory minimums required by law.

Criticisms and Debate

While designed to deter crime, Florida’s mandatory minimum sentencing laws for gun offenses have been controversial. Critics argue:

• They impose overly harsh punishments that don’t fit the crime, pointing to cases like Orville Lee Wollard
• They disproportionately impact minorities, who account for nearly 70% of those sentenced under 10-20-Life
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• They give prosecutors too much leverage and force defendants to plead guilty even when innocent
• They provide a one-size-fits-all approach versus allowing judges to evaluate cases individually
• They have not clearly been shown to deter crime or reduce gun violence

Supporters counter that the laws:

• Provide consistency in sentencing statewide
• Keep dangerous offenders off the streets for longer periods
• Deter felons from possessing guns and criminals from using guns recklessly
• Reflect Florida’s tough stance on gun crime
• Save lives by incapacitating violent offenders and deterring them from reoffending

The debate around mandatory minimums for gun crimes continues in Florida’s legal community. But the laws remain firmly in place for now, requiring strict sentences for a wide range of firearm offenses.

Conclusion

Florida imposes some of the toughest mandatory minimum sentencing laws for gun crimes through statutes like 10-20-Life. These laws require judges to impose strict mandatory prison terms for offenses like showing a gun during a felony, with no exceptions allowed.Supporters argue the laws deter crime and incapacitate dangerous offenders. But critics say they impose disproportionate punishments, fail to deter crime, and give prosecutors too much leverage. The debate around mandatory minimums continues, but they remain a fixture of Florida’s legal system for now.

References

 Florida’s 10-20-Life Law

 Orville Lee Wollard Case

 FS 775.087 – 10-20-Life Statute

 Racial Impact of 10-20-Life