Attempted First-Degree Murder

Unlike attempted second-degree murder, the State must prove premeditation in order to convict an accused person of attempted first-degree murder.

Florida's standard jury instructions for the crime of attemped first-degree murder state the following:

To prove the crime of attempted first-degree murder, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) did some act intended to cause the death of (victim) that went beyond just thinking or talking about it.

2. (Defendant) acted with a premeditated design to kill (victim).

3. The act would have resulted in the death of (victim) except that someone prevented (defendant) from killing (victim) or [he] [she] failed to do so.

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 you from the evidence. It will be sufficient proof of premeditation if the circumstances of the attempted killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the attempted killing.

It is not an attempt to commit first degree premeditated murder if the defendant abandoned the attempt to commit the offense or otherwise prevented its commission under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.

Eric Matheny is a criminal defense attorney serving Miami-Dade and Broward. If you or a loved one are facing attempted first-degree murder charges, call Attorney Eric Matheny today.