In order for the State of Florida to charge somebody with attempted second degree murder, they must prove:
1) Defendant intentionally committed an act which would have resulted in the death of victim except that someone prevented defendant from killing victim or he or she failed to do so.
2) The act was imminently dangerous to another and demonstrated a depraved mind without regard for human life.
Furthermore, the State must prove that "an act is imminently dangerous to another and demonstrating a depraved mind" if it is an act or series of acts that:
1) a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another and
2) is done from ill will, hatred, spite, or an evil intent, and
3) is of such a nature that the act itself indicates an indifference to human life.
In order to convict a person of attempted second degree murder, it is not necessary for the State to prove the defendant had an intent to cause death.
Attempted second degree murder is a serious charge. If not for the maximum 15 years an accused person faces, but the stigma of having an attempted murder conviction on your record.
If a gun is used in the commission of an attempted second degree murder, the charge becomes a first-degree felony, punishable by a maximum of 30 years with a 20-year mandatory minimum sentence under 10-20-Life (if the gun is discharged).
Attempted second degree murder, however, is a defensible crime. For one, the State must be able to prove all of the elements of the charge. In order to prove attempted second degree murder, the State need not prove an intent to kill but they must prove that the defendant's actions were imminently dangerous enough to possibly cause the death of another. This is tough to do.
Many times, attempted second degree murder is overcharged. The real charge should be aggravated assault, or maybe even a misdemeanor battery.
Also, self-defense fully applies to a charge of attempted second degree murder. Under Florida's Stand Your Ground Law, you have the right to meet force with force, even up to the point of lethal force should you reasonably believe that your life, or the life of another, is in danger.
I practice criminal defense in Miami-Dade County and Broward County. I am a former Miami-Dade prosecutor who presently represents clients charged with attempted second degree murder.
While I cannot display my specific case results, I can discuss in private my past successes. You may call me anytime and I will be happy to share my victories with you.
As a former prosecutor, I always aim to exploit the weaknesses in the State's case. No case is perfect. Having been on the other side of the justice system helps me to spot the issues that may give the prosecutor trouble down the road. Be it a lying cop, an uncertain witness, or shoddy physical evidence. I do all in my power to work toward the best outcome for my client. Every single time.
Call me today if you or a loved one have been charged with attempted second degree murder.