What It Is…. And The Penalties
The act of attempting to commit a crime is an offense prohibited under Florida Statute 777.04(1).
There are two necessary elements that must be proven by the state prosecutor for a person to be convicted of attempting to commit a crime:
- The person did some act toward the fulfillment of the crime that went beyond thinking about it or talking about it.
- The person would have been successful in committing the crime but the crime was either prevented from being completed or ultimately failed.
The penalties for attempting to commit a crime vary depending upon the offense that the defendant intended to commit.
If the intended offense was a capital felony, an attempt of such a crime is a felony of the first degree punishable by up to thirty years prison or probation and a $15,000 fine.
If the intended offense was a life felony or first-degree felony, an attempt is a felony of the second degree punishable by up to fifteen years of prison or probation and a $10,000 fine.
If the intended offense was a second-degree felony, unarmed burglary of an unoccupied structure or conveyance, or any crime under Florida Statute 921.0022(c)-(j), an attempt of such offense is a felony of the third-degree punishable by up to five years of prison or probation and a $5,000 fine.
If the intended offense was a relatively minor crime listed under Florida Statute 921.0022(a)-(b) or a third-degree felony, then the attempt of such offense is a first-degree misdemeanor punishable by up to one-year of jail or probation and a $1,000 fine.
If the intended offense was a misdemeanor of any degree, the attempt to commit the misdemeanor offense is a second-degree misdemeanor punishable by up to sixty days in jail and a $500 fine.
Charges for attempted criminal conduct can sometimes be difficult to defend. An experienced criminal defense attorney should do their best to limit the prosecutor’s ability, through filing appropriate motions, to disallow speculation and assumptions to enter into the case.
Alternatively, your attorney should also discuss with you whether or not it can be argued that you either abandoned the attempt or somehow prevented the intended criminal act from being committed.
This abandonment or prevention must show that the defendant had completely and voluntarily renounced their original criminal purpose.
If you or a family member has been arrested for Criminal Attempt in Okaloosa County, Walton County or Santa Rosa County, call Lupella & Rehr at (850) 362-6655 for a free consultation.