What is attempted felony murder in Florida?
The crime of Attempted Felony Murder is a First-Degree Felony that is punishable up to 30 years in prison and $10,000 fine.
This offense occurs when:
- The person attempted or completed a felony enumerated in § 782.04(3); and
- While engaged in the commission, attempted commission, or escape from the immediate scene of the crime, the person committed or aided or abetted an intentional act that is not an essential element of the crime
- The intentional act could have but did not cause the death of victim.
If the person does not commit a crime enumerated in § 782.04(3) the State will charge the person with a violation of § 782.051(2) which prohibited an injury caused during the commission of felony other than a felony specifically enumerated in § 782.04(3).
§ 782.04(3) states: When a human being is killed during the perpetration of, or during the attempt to perpetrate, any: Trafficking offense, Arson, Sexual battery, Robbery, Burglary, Kidnapping, Escape, Aggravated child abuse, Aggravated abuse of an elderly person or disabled adult, Aircraft piracy, Unlawful throwing, placing, or discharging of a destructive device or bomb, Carjacking, Home-invasion robbery, Aggravated stalking, Murder of another human being, Aggravated fleeing or eluding with serious bodily injury or death, Resisting an officer with violence to his or her person, or Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under § 775.30, § 775.32, § 775.33, § 775.34, or § 775.35,
Defenses to Attempted Felony Murder.
- Person did not commit crime specified in § 782.04(3).
- Crime cannot support felony causing bodily injury claim.
- Person did not attempt or complete a felony.
Jones v. Sec’y: On crime cannot support felony causing bodily injury crime.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation
If you have been arrested or believe you will soon be arrested for the offense of attempted felony murder in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.