Florida Statute § 782.051 defines the crime of attempted murder as:
“Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another.”
It’s crucial to note that you do not have to be the actual person who allegedly attempted murder to get convicted as the statute criminalizes anyone who aids or abets the act. If you or someone you know is a suspect in an attempted murder case, reach out to a trustworthy murder attorney who can explain your rights.
The Orlando attempted murder lawyers at The Umansky Law Firm are zealous attorneys eager to provide you with the legal defense you require. Attempted murder is a charge that law enforcement often uses to increase the potential penalties for an instance that may actually be battery. Our team is here to delve into the facts of your case and present a defense that can ultimately have charges lessened or even dismissed altogether.
The crime of attempted murder can be charged in either the first or second degree in Florida. In either case, however, the State will prosecute the matter as if it were a murder case, operating under the pretense that you intended to murder the individual.
The court will consider factors like your criminal record, whether a firearm was involved, and if the alleged crime was gang-related, among others, to determine whether the charge is a first- or second-degree felony. Aside from that, however, the State has guidelines that clarify the severity of the crime.
Attempted murder is a second-degree felony if the crime was not previously thought out. This crime is punishable by:
Attempted murder is a first-degree felony when the act is premeditated. This crime is punishable by:
The prosecution must prove that you had the genuine intentions to kill the individual to get attempted murder charges to stick. Put simply, the act must have been malicious or purposeful. The burden of proof on the prosecution in these cases is massive given the penalties associated with a conviction. Therefore, they must prove more than the mere fact that you planned to hurt another individual. Rather, they must show that you engaged in a direct action (shooting at someone, stomping on someone’s head, etc.) to get a conviction.
The most significant factor in your case will be your intent. If you were engaged in mutual combat or were merely acting in self-defense, you cannot justifiably be convicted of attempted murder in Orlando. Our job as your legal defense is to ensure that your case is presented to the court in a manner that protects your best interests.
The Orlando attempted murder lawyers at The Umansky Law Firm have over 100 years of combined experience and a team that consists of former state and local prosecutors. We have represented numerous individuals facing criminal prosecution for violent crimes and helped lead them to a favorable conclusion. Allow us to do the same for you.
Brice Aikens is a Board Certified Criminal Trial Lawyer and also a member of the National Association of Criminal Defense Lawyers. Our team also consists of LeRoy Costner, a Death Penalty Certified lawyer who was awarded the prestigious Lion of Justice award from the Florida Bar Standing Committee on Professionalism. Contact us today for a free case evaluation.
The Umansky Law Firm Criminal Defense & Injury Attorneys