What is attempted first-degree (premeditated) murder in Florida?
The crime of Attempted First-Degree (Premeditated) Murder is a First-Degree Felony that is punishable up to 30 years in prison and $10,000 fine.
This offense occurs when:
- A person did some act intended to cause the death of victim that went beyond just thinking or talking about it.
- A person acted with premeditated design to kill victim.
- The act would have resulted in the death of victim expect that someone prevented person 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.
In order to find that the defendant did not act with a premeditated design to kill because he/she acted in the heat of passion based on adequate provocation:
- There must have been a sudden event that would have suspended the exercise of judgment in an ordinary reasonable person; and
- A reasonable person would have lost normal self-control and would have been driven by a blind and unreasoning fury; and
- There was not a reasonable amount of time for a reasonable person to cool off; and
- A reasonable person would not have cooled off before committing the act that constituted the attempt to cause death; and
- Person was, in fact, so provoked and did not cool off before he/she committed the act that constituted the attempt to cause the death of victim.
Some of the defenses to Attempted First-Degree (Premeditated) Murder are:
- Person did not act towards committing first-degree murder.
- Person did not intend to commit first-degree murder.
- Person did not act premeditated.
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 first-degree (premeditated) 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.
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