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Before hiring a Criminal Attempt Defense Attorney, what should I know about F.S. 777.04 (1)?
The language of Florida law is a little bit confusing when defining the crime of
“Attempt.” The law in Florida states that criminal attempt occurs when a person “attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense but fails in the perpetration or is intercepted or prevented in the execution thereof.”
Let’s put that definition into simpler words: It is a criminal offense in Florida to attempt to commit a crime, specifically by taking some action towards fulfilling that illegal aim, even if the attempt fails or is stopped by police before it occurs.
What sort of defense would an experienced criminal attempt attorney use?
Suppose the State is prosecuting you for a criminal attempt, and your attorney can show that, effectively renouncing your intention, you abandoned the enterprise or prevented the commission of the crime. In that case, the State cannot win its case against you.
Remember: the law requires the State to prove its case against you beyond all reasonable doubt. Thus, to win your case, it is not your attorney’s job to prove you are innocent.
Instead, by careful study of the facts and the law, a skilled criminal attempt attorney shows that reasonable doubt, or better yet, several reasonable doubts exist in the State’s prosecution.
What are the penalties?
If the crime attempted is a capital felony, Criminal Attempt is a first-degree felony, punishable by a term of probation of up to thirty years in prison.
Suppose the crime attempted is a life felony or a first-degree felony. In that case, Criminal Attempt is a second-degree felony, punishable by a term of probation of up to fifteen years in prison.
Suppose the crime attempted is a felony of the 2nd degree or certain other 3rd-degree felonies. In that case, Criminal Attempt is a 3rd-degree felony punishable by a term of probation of up to five years in prison.
If the crime attempted is any other 3rd-degree felony, criminal attempt is a first-degree misdemeanor, punishable by a term of probation of up to one year in the county jail.
If the crime attempted is a 1st or 2nd-degree misdemeanor, a conviction for criminal attempt is a 2nd-degree misdemeanor, punishable by a term of probation of up to sixty days in the county jail.
Charged? Call West Palm Beach Criminal Attempt Attorney Josh LeRoy Because Experience Wins. Can You Afford to Lose?
If you, or someone you know, find yourself in need of a Criminal Attempt Attorney in West Palm Beach (Palm Beach County from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, and up to Jupiter), or any of the surrounding areas, use the form below to drop me a note.
Tell me about yourself, what’s happened, and when would be a good time to contact you.
-Joshua LeRoy, Esq.
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