Last time we looked at some of the foundations and history of 10-20-Life. Today, let's finally get to where 10, 20, Life actually comes into play, and why even with longer sentences it's just way more complicated than just 10, 20, Life.
It's easy to believe, from the posters we see from the Department of Corrections that just using a gun could get you 10 years in prison.
However, the law is specific. You get a 10 year "minimum mandatory" sentence (prison terms without "gain time," the prisoner must serve every single day of the sentence) for actually possessing a gun while committing murder, sexual battery (rape), robbery, burglary, arson, aggravated battery, kidnapping, escape (from the custody of law enforcement), aircraft piracy (seriously, it's in the statute), aggravated child abuse, aggravated abuse of an elderly person or disabled adult, unlawful use of bombs/destructive devices, carjacking, home-invasion robbery, and trafficking in various drugs.
Note that the law does not require that you "pull a gun" as the poster seems to say, all you have to do is actually possess the gun while you're committing one of the listed crimes. Note also that pulling a gun doesn't necessarily get you 10 years. As we discussed last time, Aggravated Assault with a Firearm and Possession of a Firearm by a Felon gets you 3 years minimum mandatory, not 10. If you actually possess a semiautomatic gun with high capacity box magazine or a machine gun (more than one bullet per trigger pull), it's 15 years minimum mandatory. A high capacity detachable box magazine is defined as any detachable box magazine (often incorrectly called a "clip") for use in a semiautomatic firearm capable of being loaded with more than 20 centerfire cartridges.
Similarly, in order to get 20 years, you have to discharge the firearm while committing murder, sexual battery (rape), robbery, burglary, arson, aggravated battery, kidnapping, escape (from the custody of law enforcement), aircraft piracy (seriously, it's in the statute), aggravated child abuse, aggravated abuse of an elderly person or disabled adult, unlawful use of bombs/destructive devices, carjacking, home-invasion robbery, and trafficking in various drugs. If you commit aggravated assault or possession by a felon and pull the trigger, now you could get 10 years, having to serve every single day. If you shoot someone causing great bodily harm or death while committing these offenses, that really is 25 years to Life.
We have barely scratched the surface of 10-20-Life law, and really the only lesson for now is that the 3-10-15-20-25 to Life law doesn't quite roll off the tongue the same way. There are still a lot of technical questions that come up when a person possesses a gun, actually or constructively, during a crime. What if the minimum mandatory sentence exceeds the maximum sentence? What methods can be used to effectively defend yourself against 10-20-Life charges? What do my specific acts expose me to in terms of criminal liability?
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!
