Attempted Murder in Florida
Attempted murder is defined under Florida law 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”. If you are charged with this crime, it is vital that you understand the seriousness of the penalties you could be facing if the State finds you guilty. Not only would being found guilty of attempted murder leave you with a permanent felony record, but you could be facing consequences such as hefty fines, prison time, and more. This is one of the most aggressively prosecuted crimes in Florida. You need a criminal defense attorney who has what it takes to defend even more aggressively and tactfully. With so much at stake, if you or a loved one are a suspect in an attempted murder case, it is crucial that you seek the services of a lawyer who has the know-how and dedication to defend you against these allegations.
Penalties for Attempted Murder
The consequences that result from a guilty conviction of attempted murder are some of the most severe there are in Florida. This is because it is a violent felony offense, which prosecutors and Courts take extremely seriously. In most situations, prosecutors will treat the case as if it were a murder case, maintaining the presumption that an accused individual had the intent to murder the alleged victim. It is important to know what can potentially happen if the State of Florida convicts you guilty.
First-degree felony attempted murder is punishable by:
- Fines up to $10,000
- Life in prison
Second-degree felony attempted murder is punishable by:
- Fines up to $10,000
- Prison time for up to fifteen (15) years
- Probation for up to fifteen (15) years
What is the Difference Between First and Second Degree Attempted Murder?
In all situations, attempted murder is considered a felony offense in the state of Florida. However, depending on certain factors, it can be charged as either a first-degree felony or a second-degree felony. Some factors that are used to determine the severity of the offense are whether or not the crime was premeditated if a firearm was involved, if it was gang-related, how violent the actions of the Defendant were, prior criminal history and if there was an intent to kill.
For the State of Florida to find you guilty of first-degree attempted murder, they must prove two things beyond a reasonable doubt. The first thing they are required to prove is that your acts of violence against the alleged victim were premediated. They must also prove that you knowingly and purposefully committed acts to cause the death of the supposed victim.
Second-degree attempted murder occurs when the crime was not premeditated. In order for the State to convict you guilty of second-degree attempted murder, they only need to prove one thing. They need to prove that you had the intention to murder the presumed victim.
Can Attempted Murder Be Defended?
There are countless benefits to having a skilled criminal defense attorney on your side. One of them is that, through effective strategizing, they are much more likely to be able to have your attempted murder charges downgraded or even dismissed. There are different circumstances in every case, so your attorney will take your specific circumstances into consideration when planning out a successful defense strategy. Without having counsel to properly and fully defend you, you could end up stuck with lifelong consequences. A great criminal defense attorney will make sure you are not taking a lousy offer and will be able to speak up if they feel you are being railroaded. Some common defenses to attempted murder charges in Florida are:
- Defense of others
- Lack of evidence
- Justifiable homicide
Why You Should Hire an Attorney
You may be considering defending yourself in court or wondering why you would bother hiring an attorney. This is not an uncommon thought that people have, especially if they have never had any interaction with the criminal justice system. But it is important to understand that having a defense lawyer can make a world of difference when it comes to the outcome of your case. It is also important to have an idea of what exactly a criminal defense attorney is able to do for you. Without competent defense counsel with prior experience handling attempted murder cases, you are essentially putting yourself at the mercy of the relentless prosecutors and Florida Courts. The importance of having a lawyer fighting to prove your innocence cannot be emphasized enough. When it comes to attempted murder cases, the State of Florida will not go easy on you. They will make sure only the most seasoned prosecutors are assigned to the case and use all of the resources they have at their disposal in order to prove a defendant guilty and impose the harshest sentences. A qualified criminal defense attorney will make sure that no stone goes unturned when reviewing the case in its entirety. This means doing it all, from going through extensive evidence, coordinating witness depositions, calling on expert witnesses, and whatever else it takes to ensure you are being zealously defended. Additionally, a skilled defense lawyer will be able to help you understand what is going on in your case at all times, by providing you with updates, going over plea offers, and answering your questions. By retaining a criminal defense lawyer who understands the nuances of these types of cases, you eliminate the stress and uncertainty of going it alone.
Attorney Rahul Parikh Can Help YouAttorney Rahul Parikh and his team are committed to providing superior legal representation for individuals who have been accused of attempted murder in Central Florida. You deserve to have a legal team who will work wholeheartedly to protect your freedom and your future. Attorney Parikh’s experience and understanding began during his years as an Orange County Assistant State Attorney. Learning how the State operates instilled in him a unique ability to form the best defenses possible based on what he knows about how the prosecution operates. He has continued to expand on his knowledge and will continue to do so, so that he may provide the best defense possible for the people who put their trust in him. Here at Parikh Law, we are committed to one thing above all else, and that is justice. Clients at Parikh Law are never just names on a computer screen or tasks on a to-do list. Each and every client is a human being with dreams, families, and futures. We are dedicated to advocating for our clients so that they can hold onto those things and continue to live life. If you or a loved one have been charged with attempted murder, contact us as soon as possible. It is already a worrying time in your life if you find yourself being accused of attempted murder. You do not have to add even more stress to your life by trying to navigate the situation by yourself. Your consultation with Attorney Rahul Parikh will be completely confident and of no cost. We are dedicated to your defense!