Attempted murder in the first degree includes the lesser crimes of attempted murder in the second degree and attempted manslaughter by act, all of which are forms of attempted homicide and all of which are unlawful. An attempted homicide that is excusable or was committed by the use of justifiable deadly force is lawful.
Florida law provides for the following types of attempted homicide offenses:
The attorneys at Meltzer & Bell, P.A. represent clients in South Florida charged with serious criminal offenses for attempted murder and attempted manslaughter. Contact us to learn more about the pending charges, the elements of the offense that must be proven at trial and important defenses.
We represent clients in West Palm Beach in Palm Beach County, as well as Fort Lauderdale in Broward County and Miami in Miami-Dade County, FL. Call us at (561) 557-8686.
An attempted homicide is justifiable and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant or to commit a felony in any dwelling house in which the defendant was at the time of the attempted homicide.
An attempted homicide is excusable and therefore lawful under any one of the three following circumstances:
The term “dangerous weapon” is defined as any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm.
The criminal offense of premeditated first degree attempted murder is found in §§ 782.04(1)(a) and 777.04, Fla. Stat.
To prove the crime of Attempted First Degree Premeditated Murder, the prosecutor with the State Attorney's office must prove the following three elements beyond a reasonable doubt:
A premeditated design to kill means that there was a conscious decision to kill. The decision must be present in the mind at the time the act was committed.
The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the act. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the act was committed.
The question of premeditation is a question of fact to be determined by the jury from the evidence. It will be sufficient proof of premeditation if the circumstances of the attempted killing, and the conduct of the accused convince the jury beyond a reasonable doubt of the existence of premeditation at the time of the attempted killing.
In many attempted murder cases in Florida, an issue arises as to whether the defendant acted in the heat of passion based on adequate provocation which negates any finding that the defendant acted with a premeditated design to kill.
In order to find that the defendant did not act with a premeditated design to kill because the defendant acted in the heat of passion based on adequate provocation:
If the jury has a reasonable doubt about whether the defendant acted with a premeditated design to kill because the defendant acted in the heat of passion based on adequate provocation, the jury is instructed to find the defendant guilty of Attempted First Degree Premeditated Murder.
To prove the crime of Attempted Felony Murder, the prosecutor with the State Attorney's office must prove the following three elements beyond a reasonable doubt:
In order to convict the defendant of Attempted Felony Murder, it is not necessary for the State to prove that the defendant had a premeditated design or intent to kill.
Attempted felony murder for an injury caused by another is prohibited by § 782.051(3) Fla. Stat.
To prove the crime of Attempted Felony Murder, the prosecutor with the State Attorney's Office must prove the following two elements beyond a reasonable doubt:
In order to convict the defendant of Attempted Felony Murder, it is not necessary for the state to prove that the defendant had a premeditated design or intent to kill.
In Florida, the crime of attempted second-degree murder is charged under §§ 782.04(2) and 777.04, Fla. Stat.
To prove the crime of Attempted Second Degree Murder, the State must prove the following two elements beyond a reasonable doubt:
The term “act” is defined to include a series of related actions arising from and performed pursuant to a single design or purpose.
An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that:
To convict the defendant of Attempted Second Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death.
The crime of attempted manslaughter by the act is prosecuted under §§ 782.07 and 777.04, Fla. Stat.
To prove the crime of attempted manslaughter by act, the prosecutor with the State Attorney's office must prove the following element beyond a reasonable doubt:
However, the defendant cannot be guilty of attempted manslaughter by act by committing a merely negligent act. Every person has a duty to act reasonably and use ordinary care toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence.
In order to convict a person of attempted manslaughter by act, it is not necessary for the State to prove that the defendant had an intent to cause death, only an intent to commit an act which would have caused death and was not justifiable or excusable attempted homicide.
Some attempted murder crimes are reclassified by the victim's employment under § 782.065, Fla. Stat. In Ramroop v. State, 214 So. 3d 657 (Fla. 2017), the Florida Supreme Court held that § 782.065(2), Fla. Stat. is a reclassification statute that creates a substantive offense.
The victim was employed as and engaged in the lawful performance of a legal duty as a:
The defendant knew that the victim was employed as a:
Conclusion
If you were charged with any form of attempted homicide, including attempted first-degree premeditated murder, first-degree attempted felony murder or attempted manslaughter, then contact an experienced criminal defense attorney in West Palm Beach, FL, at Meltzer & Bell, P.A..
We can help you understand the homicide charges pending against you, the elements of the offense, and potential defenses that you can use to fight your charges throughout South Florida including in Ft. Lauderdale in Broward County, West Palm Beach in Palm Beach County and Miami in Miami-Dade County, FL.
Call (561) 557-8686.
This article was last updated on Thursday, March 22, 2018.