Bart Lies!

Keeping track of the bloodshed in Indianapolis… and other stuff

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10-20-LIFE

April 1st, 2014 by Bart
Viewed 917 times

Florida implemented what seems to be a viable way to deal with violent crime. Perhaps it is time for Indiana’s Legislature to look at this instead of bickering over stuff like what time zone Indiana should be in:

Florida’s “10-20-Life” law is a law that requires courts to impose a minimum sentence of 10 years, 20 years, or 25 years to life for certain felony convictions involving the use or attempted use of a firearm or destructive device. If the firearm is an assault weapon or machine gun, they must impose a sentence of 15 years, 20 years, or 25 years to life. The penalty is in addition and consecutive to the sentence for the underlying felony conviction (Fla. Stat. § 775.087).

Courts must impose the mandatory minimum sentences in convictions for committing or attempting to commit any of the following felonies, regardless of whether the use of the weapon was an element of the crime:

1. murder;

2. sexual battery;

3. robbery;

4. burglary;

5. arson;

6. aggravated assault;

7. aggravated battery;

8. kidnapping;

9. escape;

10. aircraft piracy;

11. aggravated child abuse;

12. aggravated abuse of an elderly person or disabled adult;

13. unlawful throwing, placing, or discharging of a destructive device or bomb;

14. carjacking;

15. home invasion robbery;

16. aggravated stalking;

17. drug trafficking and capital importation of cocaine and other illegal drugs; and

18. possession of firearm by a felon.

Under the “10-20-life” law, courts must impose a:

1. 10-year prison sentence on anyone convicted of committing or attempting to commit any of the above felonies (with certain exceptions), while armed with a firearm or destructive device;

2. 20-year prison term if the accused fired the firearm; and

3. 25-year to life term if the accused discharged the firearm and killed or seriously hurt someone.

The courts must impose a minimum three-year term, instead of a 10-year term, if the defendant is convicted for aggravated assault, possession of a firearm by a felon, or burglary of a conveyance (i.e., car, boat, or other vessel).

If the firearm used in the felony is a semiautomatic with a high-capacity box magazine or a machine gun, the minimum mandatory prison terms are 15 years, 20 years, and 25 years to life.

The three-year minimum sentence provision for certain crimes does not apply in cases involving these firearms. Also, the enhanced penalties for convictions involving these firearms do not apply if the underlying crime was possession of a firearm by a felon.

Courts must impose the minimum sentence regardless of any mitigating circumstance. No part of the sentence may be suspended, deferred, or withheld, and defendants are not eligible for any discretionary early release, other than pardon or clemency, or conditional medical release, before serving the minimum sentence.

http://www.cga.ct.gov/2013/rpt/2013-R-0067.htm
1999 Press Release

Tags: 7 Comments

7 responses so far ↓

  • 1 Kevin H. Apr 1, 2014 at 6:53 pm

    To the admin of this site;
    You missed one in March, Andrew Sizemore, killed by SWAT.
    http://www.indystar.com/story/news/crime/2014/03/05/4-indianapolis-swat-officers-shot-suspect-is-killed/6097619/

  • 2 Bart Apr 1, 2014 at 7:11 pm

    Hat Tip to you for waking us up.

  • 3 DRE WILLS Apr 2, 2014 at 8:09 am

    Unfortunately Florida seems to pick and choose when to use the statute. You can essentially commit a crime then claim “Stand Your Ground” and the statute becomes null and void.

  • 4 Bart Apr 2, 2014 at 9:33 am

    Clueless as ever, I see. Have you NO idea at all how a trial by jury works?

  • 5 Spencer Apr 2, 2014 at 10:04 am

    I mean, Dre’s right. How is he clueless?

  • 6 DRE WILLS Apr 2, 2014 at 4:50 pm

    Grand Wizard Bart has spoken again.
    I really get under Bart’s skin. LOL. So according to you if the case goes to trail 10 20 Life is out the window? Please enlighten me. BTW I lived in Florida but what do I know.

    #GURU

  • 7 Mr Anybody Apr 5, 2014 at 9:59 pm

    Dre?

    Can you cite a Florida case (OTHER THAN the Zimmerman case) where you THINK a “statute becomes null and void?”

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