The Currie Law Firm
A Professional Association
ATTEMPTED SECOND DEGREE MURDER
F.S. 782.04(2) and 777.04
To prove the crime of Attempted Second Degree Murder, the State must prove the
following two elements beyond a reasonable doubt:
The defendant intentionally committed an act which would have resulted
in the death of Victim except that someone prevented him from
killing Victim or he failed to do so.
The act was imminently dangerous to another and demonstrating a
depraved mind without regard for human life.
An "act" includes a series of related actions arising from and performed pursuant
to a single design or purpose.
An act is "imminently dangerous to another and demonstrating a depraved mind"
if it is an act or series of acts that:
a person of ordinary judgment would know is reasonably certain to kill or
do serious bodily injury to another, and
2. is done from ill will, hatred, spite, or an evil intent, and
is of such a nature that the act itself indicates an indifference to human
life.
In order to convict the defendant of Attempted Second Degree Murder, it is not
necessary for the State to prove the defendant had an intent to cause death.
ATTEMPTED MANSLAUGHTER BY ACT
F.S. 782.07 and 777.04, Fla. Stat.
To prove the crime of Attempted Manslaughter by Act, the State must prove the
following element beyond a reasonable doubt:
The defendant intentionally committed an act which would have resulted in
the death of Victim except that someone prevented the defendant
from killing Victim or he failed to do so.
However, the defendant cannot be guilty of Attempted Manslaughter by Act by
committing a merely negligent act.
Each of us has a duty to act reasonably and use ordinary care toward others. If there
is a violation of that duty, without any conscious intention to harm, that violation is
negligence.
In order to convict of Attempted Manslaughter by Act it is not necessary for the
State to prove that the defendant had an intent to cause death, only an intent to commit an
act which would have caused death and was not justifiable or excusable attempted
homicide, as I have previously explained those terms.
COPYRIGHT © 2021. HOWARD CURRIE, P.A. ALL RIGHTS RESERVED
Legal Disclaimer
The contents of this website should not be considered or relied upon as legal advice in any manner whatsoever ; may be considered advertising under some states’ Bar Rules ; and do not establish an attorney/client relationship with this law firm. Unless otherwise stated, no article or text on this Internet site is, has been, or will be updated or revised for accuracy as statutory or case law changes following the date of first publication. Always consult with your lawyer, and/or your other professional advisors, before acting.
ATTEMPTED MURDER - FIRST DEGREE (PREMEDITATED)
F.S. 782.04(1)(a) and 777.04.
To prove the crime of Attempted First Degree Premeditated Murder, the State
must prove the following three elements beyond a reasonable doubt:
The defendant did some act intended to cause the death of Victim
that went beyond just thinking or talking about it.
2. The defendant acted with a premeditated design to kill Victim.
The act would have resulted in the death of Victim except that
someone prevented the defendant from killing Victim or he 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 that must pass between the formation of the premeditated
intent to kill and the act. The period 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 the Jury from
the evidence. It will be sufficient proof of premeditation if the circumstances of the
attempted killing and the conduct of the accused convince the Jury beyond a reasonable doubt
of the existence of premeditation at the time of the attempted killing.