Attempted Crimes: How Florida Law Treats Failed Offenses

An offense does not have to be fully carried out for it to result in serious legal consequences. Florida law recognizes the concept of criminal attempt, which allows authorities to prosecute individuals who take significant steps toward committing a crime, even if they do not succeed.

Understanding the legal framework for attempted crimes, including the thresholds and penalties, is crucial for defendants and legal practitioners alike. Consult an Orlando criminal defense attorney to explore how Florida law defines and penalizes attempted crimes, the elements required to establish an attempt, and the defenses available to those accused of a failed offense.

What Is Criminal Attempt Under Florida Law?

Criminal attempt is governed by Section 777.04(1) of the Florida Statutes, which defines an attempt as an act taken with the intent to commit a criminal offense, coupled with an overt act toward its commission. The critical distinction in attempted crimes is that the intended offense is not completed. For example, a person may be charged with attempted burglary if they are caught trying to break into a house but fail to gain entry.

Attempt charges serve a preventative purpose, allowing law enforcement to intervene before a crime is fully realized. However, because attempt involves uncompleted acts, the law requires clear evidence of intent and action to avoid penalizing individuals for mere thoughts or preparatory steps.

Legal Threshold for Attempt

Not every act leading up to a crime constitutes an attempt under Florida law. Courts have developed standards to determine when an individual’s conduct crosses the line from mere preparation to a criminal attempt. The key considerations include:

Intent to Commit a Crime: The prosecution must prove that the defendant had a clear intent to commit a specific criminal act. This requires more than suspicion or circumstantial evidence; there must be demonstrable intent to carry out the offense.

Overt Act Toward Commission: The defendant must take a direct and substantial step toward completing the crime. An overt act goes beyond preparation and demonstrates a tangible move to execute the criminal plan. For instance, purchasing a weapon may not qualify as an overt act for attempted robbery, but entering a store with the weapon and demanding money likely would.

Proximity to Completion: Courts often evaluate how close the defendant was to completing the crime. Actions that indicate the crime was imminent or would have occurred without intervention are more likely to meet the threshold for attempt.

Examples of Attempted Crimes in Florida

Florida law applies the concept of criminal attempt across various offenses, from theft to violent crimes. Some common examples include:

Attempted Murder: A person shoots at someone with the intent to kill but misses or causes non-fatal injuries.

Attempted Burglary: A person tries to break into a home or business but is interrupted before entering.

Attempted Fraud: A person submits false documents to obtain financial benefits but is caught before the transaction is finalized.

These cases illustrate how intent and overt actions are central to attempted crime charges.

Penalties for Attempted Crimes in Florida

Under Florida law, attempted crimes are generally punished less severely than completed offenses but can still carry significant penalties. Section 777.04(4) of the Florida Statutes outlines the penalties for attempt, which are typically one degree lower than the penalty for the completed crime. For example:

• Attempted first-degree murder, a first-degree felony, may be punished as a second-degree felony.
• Attempted burglary, a third-degree felony, may result in penalties for a first-degree misdemeanor.

However, for certain severe crimes, such as attempted capital offenses (e.g., attempted murder of a law enforcement officer), the penalties may approach those for the completed crime due to the gravity of the intent and the danger posed.

Challenges in Prosecuting Attempted Crimes

Prosecuting attempted crimes involves unique challenges because the crime itself was not completed. Prosecutors must rely on evidence of intent and overt acts, which can be difficult to establish. For instance, in cases of attempted robbery, the prosecution must demonstrate that the defendant intended to steal and took substantial steps toward carrying out the act, such as brandishing a weapon or issuing threats.

Additionally, the line between preparation and attempt is often blurred. Defense attorneys may argue that the defendant’s actions were insufficiently concrete to constitute an attempt or that their intent was misinterpreted. For example, if a person is found near a potential crime scene with suspicious tools, their attorney may argue that mere possession of the tools does not prove intent or a direct step toward a criminal act.

Defenses to Attempt Charges

Defendants accused of attempted crimes have several potential defenses, including:

Lack of Intent: Demonstrating that the defendant did not intend to commit the alleged crime can negate the charge. For example, if a person enters a store with a weapon but had no intention of committing a robbery, intent may be difficult to prove.

Abandonment: If the defendant voluntarily abandons their plan to commit the crime before completing it, this may serve as a defense. However, the abandonment must be genuine and not simply due to external factors such as police intervention.

Impossibility: In some cases, the defense of impossibility may apply if the intended crime could not have been completed under the circumstances. For example, attempting to steal from an empty safe might be argued as a factual impossibility.

Mistaken Identity: In cases involving circumstantial evidence, the defense may argue that the defendant was wrongly identified as the individual attempting the crime.

Contact Joshi Law Firm, PA

Attempted crimes highlight the delicate balance between preventing criminal activity and ensuring that individuals are not punished for mere thoughts or preparatory actions. Florida law provides a clear framework for addressing these cases, focusing on intent and overt acts to distinguish attempt from preparation. While penalties for attempted crimes are typically less severe than those for completed offenses, they remain serious and can have lasting consequences for defendants.

If you or a loved one is facing charges for an attempted crime in Florida, it is critical to act quickly to protect your rights. The experienced attorneys at Joshi Law Firm, PA, understand the complexities of attempt cases and will work diligently to build a strong defense. Contact Joshi Law Firm, PA, today for a confidential consultation to discuss your case and explore your legal options.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0777/Sections/0777.04.html