If the charge of attempted murder has been waged against you, you deserve an accurate and honest assessment of your case from a law firm who will defend your rights, your freedom and your future.
At this time, you need the strongest defense possible and the determined representation from experienced defense attorneys. The Kramer Law Firm stands by our clients, and works tirelessly to prove their innocence and protect their constitutional rights.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
If you face charges of attempted murder, contact a Florida criminal lawyer at the Kramer Law Firm: 855-Kramer-Now (855-572-6376). We are located in Orlando and Altamonte Springs.
The Crime of Attempted Murder in Florida
Attempt to commit murder is punishable per Florida Statutes 777.04 and 782.04. To convict you of the crime, prosecutors must show that you acted against another human being with the intent to kill him or her. In other words, purpose or malice was behind your aggression.
Given the severity of your alleged crime (and the serious consequences upon conviction), prosecutors have a big burden to meet. If you merely planned to hurt or even kill someone, the act of planning alone does not technically constitute "attempted murder."
Prosecutors must show that you blatantly engaged in a direct action, such as firing a gun at someone, swinging a baseball bat at someone’s head, or hiring someone to murder another person. The scope of potentially murderous acts varies considerably with each case. Incidents might include stalking or ambushing, breaking in to a property in pursuit of a victim, or purchasing a weapon and then driving to a potential victim’s house.
The purpose of your alleged act will deeply influence how the court will perceive your alleged crime. If you are accused of shooting or stabbing someone – even if the person was seriously hurt – but you can prove that you did not intend to kill him or her, you should not be convicted of attempted murder. Likewise, if you abandoned the attempt to commit murder or reacted in self-defense, you should not be convicted.
Florida Attempted Murder Sentence
Florida courts prosecute the crime the same as a murder charge. In other words, the court’s position is that the defendant would have murdered someone had their attempt been successful.
There are two “degrees” of attempted murder. The second degree involves an act that you did not plan out in advance. This kind of attempt is often referred to as a “crime of passion.” Sentencing for a second degree charge can be up to 15 years in prison.
In first degree attempted murder, you did premeditate – or plan out "in cold blood" – the act of murder. A first degree conviction can result in a life sentence in jail. A second degree charge may also be raised to first degree if a firearm was discharged in the act. In this case the penalties are referred to Florida’s 10-20-LIFE laws where the sentence is automatically raised to a minimum of 25 years in prison.
Whether a defendant is accused of first or second degree attempted murder will depend on many factors:
- Previous criminal record
- Use of a firearm was involved
- The crime was directed toward a member of Congress, public official or police officer
- The crime was gang related
- Particularly brutal or aggressive acts ensued
Subject to these and other elements of your case, an attempted murder sentence can range from five years to life in prison.
Attempted Murder in Florida Is a Defensible Crime
The Kramer Law Firm can help you aggressively put forth an effective defense and ensure that the court system treats you fairly. We fight for our clients, and will make the prosecution prove beyond a reasonable doubt every aspect of their case.
Serious charges demand skilled defense attorneys. The Florida criminal lawyers at the Kramer Law Firm are prepared to begin building your defense immediately. Call us at 855-Kramer-Now (855-572-6376) for a free and very helpful consultation regarding your case.