Attempted second degree murder is a second-degree felony in the State of
Florida, carrying a maximum penalty of 15 years in state prison.
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
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
(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
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.
South Florida 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.