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Sentencing Enhancements

The United States has one of the highest incarceration rates in the world, with a startlingly large prison population for our country’s actual population. The state of Florida, specifically, has some of the strictest sentencing laws in our Union, with a rash of sentencing enhancements designed to fulfill those “tough on crime” politicians’ promises. These laws and enhancements often leave little leeway for judges and juries to make discretional calls, which is why it’s vital to have an experienced criminal defense attorney to help you navigate the world of legal jargon and nuance. If you’ve been charged with a crime, contact Hanlon Law today to get started building your best defense. 


What Are Sentencing Enhancements?


A sentencing enhancement is exactly what it sounds like: an enhancement to a criminal sentence. ‘Enhancement’ just means more severe punishment, such as increased fines, jail time, or other consequences beyond the baseline required by law. 


10/20/Life Statute


Florida Statute 775.087 brought into being the 10/20/Life statute, which is arguably the most well-known sentencing enhancement in Florida. This statute raises the offense level of certain crimes when a firearm is involved. Though there is some nuance, this basically means that third-degree felonies become second-degree felonies, second-degree felonies become first-degree felonies, and first-degree felonies become life felonies. 


In addition, statute 775.087 increases the mandatory minimum sentencing for these crimes when a firearm is involved. If a firearm is involved but not discharged, the mandatory minimum sentence is raised under this statute to 10 years in prison. If the firearm is discharged during the commission of the crime, that minimum is further raised to 20 years in prison. If said discharge in turn leads to death or serious injury, that minimum jumps to 25 years in prison, with the possibility of a life sentence. Hence the “10/20/Life” colloquial name.


If the firearm in question is an assault or machine gun, the 10/20/Life enhancement becomes the lesser-well-known 15/20/25-to-Life: 15 years for the presence of an assault weapon, 20 years for the discharge of an assault weapon, and 25 years to life in prison for death or serious injury by way of an assault weapon.


However, the power of the 10/20/Life statute’s mandatory minimums was reduced in 2016 with Senate Bill 228. This bill granted judges the discretion to deviate from mandatory minimum sentences should circumstances call for it. This allows a judge to determine whether or not the mandatory minimum is warranted in any given circumstance, and to assign a lower sentence due to mitigating and extenuating circumstances if they see fit. 


Prison Releasee Reoffender


Florida statute 775.084 describes another common, though relatively unknown, sentencing enhancement: the prison releasee reoffender designation. Under this statute, a felon found to have committed certain additional felonies within three (3) years of release (from either prison or parole) will be sentenced to the maximum penalty the law allows for that additional crime. 


So, for example, if someone commits a felony that would normally have a maximum prison sentence of 10 years, but they’ve done so within three years of release from prison or parole for some other felony, that maximum of 10 years becomes a mandatory minimum: they have to be sentenced to that amount. 


Lakeland Criminal Defense Lawyers 


These are just a sample of the kinds of harsh sentencing enhancements implemented in the state of Florida. And though the presiding judge may have some discretion in regards to these enhancements depending on the circumstances, it’s still important to have an experienced defense attorney on your side to help present your case in a manner that will incline them to deviate. Will Hanlon with Hanlon Law has spent nearly twenty years representing the accused. Our dedicated legal team takes an aggressive approach to defense, and we’ll help you build your best possible case. If you or someone you love has been charged with a crime, act now and contact Hanlon Law to schedule a free consultation.

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