Attempted Murder and Attempted Felony Murder in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Attempted Premeditated and Second-Degree Murder

These are charged under Florida's attempt law. An attempt to commit a capital felony, such as first-degree murder, is a first-degree felony (up to 30 years). An attempt to commit a life felony or a first-degree felony, such as second-degree murder, is generally a second-degree felony (up to 15 years). The elements are in Instructions 6.2 (Elements) and 6.4 (Elements). See also Murder & Homicide.

Attempted Felony Murder (Section 782.051(1)-(2))

What the State must prove (Instruction 6.3, Elements):

1. The defendant committed, or attempted to commit, a felony.
2. While committing, attempting, or escaping from that felony, the defendant committed, or aided or abetted, an intentional act that is not an essential element of the felony.
3. That intentional act could have caused, but did not cause, the victim's death.

The State does not have to prove a premeditated design or intent to kill. When the underlying crime was only attempted, the instruction explains that an attempt needs an intent to commit the crime and an overt act that goes beyond mere preparation.

Penalties: If the felony is one of those listed in section 782.04(3) (such as robbery, burglary, kidnapping, carjacking, or home-invasion robbery), it is a first-degree felony punishable by up to life. For any other felony, it is a first-degree felony (up to 30 years).

Attempted Felony Murder: Injury Caused by Another (Section 782.051(3))

What the State must prove (Instruction 6.3(a), Elements): the defendant committed or attempted one of the listed felonies, and the victim was injured during it, or during the escape, by someone other than the people committing it. This is a second-degree felony (up to 15 years).

No attempted third-degree felony murder instruction. Instruction 6.5 (Elements index) says the instructions on attempted first- and third-degree felony murder have been deleted.

Attempted Manslaughter by Act (Instruction 6.6)

What the State must prove (Elements):

1. The defendant intentionally committed an overt act that could have caused the victim's death but did not.
2. The act went beyond mere preparation.

The State does not have to prove an intent to cause death. But a merely negligent act is not enough. Because manslaughter is a second-degree felony, the attempt is a third-degree felony (up to 5 years). The instruction's comments note that there is no crime of attempted manslaughter by culpable negligence.

More Than Prison Time

• Fines: up to $10,000 for a first- or second-degree felony; up to $5,000 for a third-degree felony.
• Guns: Florida's 10-20-Life minimum mandatories can apply to attempted murder when the person actually possessed a firearm during the offense. See Gun & Weapons Charges.
• Officer victims: see Murder or Attempted Murder of a Law Enforcement Officer.

Defense Themes

• Self-defense. Unless the defense concedes the point, the judge also reads the instruction on justifiable and excusable attempted homicide. See Stand Your Ground.
• Intent. Attempted premeditated murder turns on a premeditated design to kill.
• The underlying felony. If the State cannot prove the felony, attempted felony murder fails with it.
• Preparation versus an overt act. The instruction leaves that line to the jury.
• Who caused the injury. In the 6.3(a) version, the State must show the injury came from someone outside the felony.
• Lesser offenses. The instructions list lesser crimes, such as aggravated battery, felony battery, and battery.

What to Do First

1. Do not explain anything to police, even self-defense. Ask for a lawyer.
2. Do not talk on jail phones or post online.
3. Have family save video, photos, texts, and witness names.
4. Call us. See Bond & Nebbia Hearings.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Does the State have to prove I wanted to kill someone?

For attempted premeditated murder, the State must prove a premeditated design to kill. For attempted felony murder and attempted manslaughter by act, it does not.

Is attempted manslaughter a lesser charge?

Attempted manslaughter by act is listed as a lesser offense of attempted felony murder. It is a third-degree felony.