The purpose of these posters was to discourage violent gun crime by proclaiming that pulling a gun means you have to do 10 years in prison, and it just gets worse from there.
Certainly, we feel a little safer now that the law has passed, but it's important to note that like many laws, it's just not as simple as 10-20-Life, and in this blog we'll look a little more closely at what it really is all about.
As we examine the 10-20-Life law, it is helpful to remember that the law distinguishes between two types of possession, actual and constructive. In order for many of the provisions of 10-20-Life to apply, the law requires actual possession, that is, the defendant has to actually have the gun on them, in their pocket, in their hand, etc.; just being close to a gun isn't enough. Just having a gun near you can be illegal, for example if you're a convicted felon, but that's a topic for another time...
The first thing the law does is generally enhance the level of crime you're charged with. If a gun was used during the commission of a given crime, a third degree felony becomes a second degree felony, a second becomes a first, and a first degree becomes a punishable by life felony. Effectively what this means is that the maximum number of months you could serve goes up.
If a defendant is convicted of aggravated assault or possession of a firearm by a felon, and the jury finds the defendant actually possessed a firearm during the course of the crime, the defendant has to serve at least 3 years in prison. This is interesting for a few reasons.
First, the jury has to find by their verdict that not only is the defendant guilty beyond a reasonable doubt, they must also be convinced beyond a reasonable doubt that the defendant actually had a gun in his hands or otherwise on his body somewhere. Appellate courts have indicated that a jury might have to actually check a separate box on their verdict form, finding that the defendant is guilty of the offense, and separately that he or she actually had a gun.
Second, the statute says the defendant has to serve 3 years in prison. These types of sentences are often referred to as "minimum mandatory" sentences. These types are the worst types of prison sentences to receive, because they require what is referred to as "day for day" service, meaning the prisoner must serve every single day of the 3 years, without "gain time" or "time off for good behavior."
Finally, this provision is interesting because the vast majority of 10-20-Life cases in our experience fall under either Aggravated Assault with a Firearm or Possession of a Firearm by a Felon, so most of the people we see usually wind up being at risk for the 3 year sentence, as opposed to 10, 20, or Life.
That's a lot of ground we have covered so far, and still no mention of 10 year, 20 year, or Life sentences! In the next blog we'll start getting into some of the longer sentences that actually do meet the promise of 10, 20, Life.
Remember that this blog is just for informational purposes, and does not create an attorney-client relationship, nor should you use it instead of consulting with a lawyer. This is an abbreviated synopsis of the law we've provided for informational and entertainment purposes, and the only way to know what does and doesn't apply to you is to consult with a lawyer.There are a lot of technical reasons these provisions may or may not apply to you, always consult with your attorney before making any decisions, and always treat firearms with the utmost caution and care!
