6.2 ATTEMPTED FIRST DEGREE PREMEDITATED MURDER
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 6.2
- Statute
- §§ 782.04(1)(a) and 777.04, Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Attempted First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) intended to commit the crime of First Degree Premeditated Murder.
2. (Defendant) committed an overt act toward the commission of First Degree Premeditated Murder that went beyond mere preparation.
3. (Defendant) failed to complete the First Degree Premeditated Murder.
Lesser-included offenses
As the instruction lists them, word for word.
ATTEMPTED FIRST DEGREE PREMEDITATED MURDER — 782.04(1) and 777.04
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Attempted second degree (depraved mind) murder | 782.04(2) and 777.04 | 6.4 | |
| Attempted manslaughter by act | 782.07 and 777.04 | 6.6 | |
| Attempted aggravated battery (intentionally cause great bodily harm) | 784.045(1)(a)1 and 777.04 | 8.4 and 5.1 | |
| Attempted battery (intentionally cause bodily harm) | 784.03(1)(a)2 and 777.04 | 8.3 and 5.1 | |
| Attempted felony murder | 782.051(2) | 6.3 | |
| Attempted felony murder | 782.051(3) | 6.3(a) | |
| Aggravated battery | 784.045 | 8.4 | |
| Felony battery | 784.041(1) | 8.5 | |
| Aggravated assault | 784.021 | 8.2 | |
| Battery | 784.03 | 8.3 | |
| Assault | 784.011 | 8.1 |
Related practice page
Murder and Homicide Defense in Miami · Violent Crimes Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.