10-20-LIFE is a sentencing enhancement statute designed to
"punish" those who use firearms during the commission of certain
offenses. In short, if applied then the
law "tacks" on minimum-mandatory prison time to a sentence as
follows: If you brandish a firearm then
you must serve ten (10) years (day for day); if you discharge the firearm then
you must serve twenty (20) years (day for day); and if one of your bullets
strikes someone (anyone) then you must serve a minimum mandatory LIFE sentence.
This law supplements whatever sentence you receive on a
given offense. For example, if you are
convicted of armed carjacking and you discharged a firearm during the commission
of your offense then you could get LIFE in prison for the crime itself coupled
with a minimum-mandatory twenty (20) year sentence (wherein you get no
"gain time" or other time off of your sentence). Or, if you commit aggravated child abuse with
a firearm which you did not discharge then you could get fifteen (15) years in
prison on the underlying offense with a ten (10) year minimum mandatory.
Why is this important?
In the last example, aggravated
child abuse with a firearm, if you got the statutory maximum of fifteen (15)
years without 10-20-LIFE the you would serve 85% of the sentence, or 12.75
years. With 10-20-LIFE the first 10
years would not be subject to the 85% rule and would be served day-for-day with
the 85% kicking in on year eleven (11), meaning that you would serve 10 + {(5 x
.85 or} 4.25 for a total of 14.25 years (versus 12.75 years). The bottom line in Florida is that "if you use a gun
then you are done".
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.
Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910).
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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this webisode series. Further any and all information which is both contained in and may be construed from this webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
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Toll Free Phone: 1-888-SHARK-8-1
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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