How Does a Weapon Enhancement Affect Sentencing in Florida?

 Posted on September 26, 2025 in Gun & Weapons Crimes

Weapon enhancements have a serious impact on sentencing in Florida. In most cases, it means far harsher penalties. Remember, you have the right to challenge any charges against you, and a Miami-Dade County, FL gun crimes defense lawyer can help. The burden of proof is high in criminal court. We can work together to fight the prosecution’s evidence and protect your rights.

What Is a Weapon Enhancement in Criminal Law?

Florida Statutes § 775.087, often called the "10-20-Life" law, reclassifies felonies and increases penalties when a weapon or firearm is used or displayed during a crime. This is a weapon enhancement. Simply possessing a firearm while committing a crime can trigger a lengthy sentence. If the weapon is fired, the penalties increase even further. If someone is injured or killed, the consequences can include decades in prison or even life.

Common Situations That Can Trigger Weapon Enhancements

Weapon enhancements can apply in many different situations. Some common examples include:

• Drug trafficking with a gun: Drug trafficking under Fla. Stat. § 893.135 involves selling, delivering, or possessing large amounts of controlled substances. If a weapon is involved, it can make the penalties much harsher.

• Armed robbery: Under Fla. Stat. § 812.13, robbery is when someone takes money or property from someone else through force or threats. When the accused uses a firearm, the charge moves from robbery to armed robbery.

• Burglary with a firearm: Burglary is entering a home, business, or vehicle with the intent to commit a crime inside. If a firearm is carried during the break-in, there are harsher charges.

• Aggravated assault: Assault in Florida means threatening someone with violence. Under Fla. Stat. § 784.021, the charge is elevated to aggravated assault when a deadly weapon is used.

In each of these cases, even if the weapon is never fired, the law gives prosecutors the ability to add years or even decades to a prison sentence.

Disagreements Over What Constitutes a Weapon

Prosecutors are often quick to label something a weapon. For example, a pocketknife might or might not qualify depending on its size and how it was used. Florida law broadly defines weapons under § 790.001, but courts have sometimes interpreted this differently. These disputes are critical because whether something counts as a weapon can change the entire outcome of a case.

Defense attorneys often challenge the classification of items like tools, knives, or even household objects. The key question is usually whether the object was designed or used in a way that is likely to cause serious harm.

How To Fight a Weapon Enhancement Charge in Florida?

Weapon enhancements are not automatic, and there are several ways to challenge them. A defense lawyer may argue that the weapon was not actually present, or that it was discovered through an unlawful search that violated your constitutional rights. In some cases, the item in question may not legally qualify as a weapon at all. Testimony about whether a gun was displayed or used can also be unreliable, and these statements may be challenged in court. Another common defense is showing that you did not know the weapon was present.

Contact a Miami, FL Gun Crimes Defense Attorney for a Free Consultation

At The Hoffman Firm, our Miami-Dade County, FL gun crimes defense lawyers are available 24/7 to help when you need us most. We understand how devastating weapon enhancements can be, and we will fight for you to get the best possible outcome. At the same time, we treat every client with compassion and personalized service. We will even travel to you if needed, making sure you always have the support you need. Contact us today at 305-249-0090 for a free consultation.