Tampa, Florida Attempted Murder Lawyer
Work with an Experienced Former Prosecutor
Experienced Tampa Criminal Defense Attorney for Attempted Murder Charges in Florida
Florida prosecutors pursue attempted murder charges as a violent crime, even when no death occurs. A Tampa, Florida attempted murder lawyer at Buda Law can defend you against such charges. Our team provides experienced representation throughout Hillsborough County, Pinellas County, and the surrounding Tampa Bay Area. Attorney Andrew Buda draws on his former experience as a prosecutor to anticipate the State’s strategy. That perspective helps Buda Law identify weaknesses early and develop an effective defense strategy.
Call (813) 322-2832 or use our online contact form to schedule a free consultation with an experienced Tampa criminal defense attorney at Buda Law today.
Arrested for Attempted Murder in Florida? Protect Your Rights Immediately
If you’ve been arrested for attempted murder in the Tampa Bay Area, remain silent, request counsel, and avoid explaining events to police. Florida officers may seek search warrants for your home, vehicle, cellphone, or social media accounts. They can seize firearms, clothing, or devices connected to the alleged act. Do not contact the alleged victim, witnesses, or codefendants. Avoid talking about the case in online posts or messages to another person. A prosecutor may use statements made before formal charges.
Early defense work can preserve video, location records, and witness accounts. Secure representation from a Tampa attempted murder defense attorney as soon as possible.
What is Attempted Murder in Florida?
Charges for an attempted offense require proof that the accused acted toward that offense. Thoughts, angry words, or preparation alone do not establish an attempt. The crime remains an attempt when the accused fails, stops, or gets interrupted. Prosecutors must prove all essential elements of the crime. The required proof changes between attempted first-degree murder, attempted second-degree murder, and attempted felony murder.
Attempted Murder Florida Statutes: Sections 777.04 and 782.04
Criminal attempt is defined in Florida Statute § 777.04. It applies when a person attempts to commit an offense but fails or is intercepted. Florida Statute § 782.04 outlines first-degree murder, second-degree murder, and felony murder. Together, these statutes detail the conditions under which prosecutors can pursue attempted murder charges. The prosecution must connect the accused’s conduct and intent to a defined degree of murder. Surrounding circumstances may support or weaken that connection.
Attempted First Degree Murder Florida Charges
Attempted first degree murder requires proof of a premeditated design to cause the death of another human being. Premeditation means the person intended to kill before the act. The State may rely on messages, threats, the acquisition of weapons, travel, concealment, motive, or repeated conduct to prove guilt. After reviewing evidence, a Tampa criminal defense attorney can develop an appropriate defense. For example, a sudden emotional reaction may weaken claims of advanced planning.
This offense constitutes a felony of the first degree. It is ranked at Level 9 under the Criminal Punishment Code. Completed premeditated first-degree murder is a capital felony. The death penalty does not apply to an attempted offense.
Florida Attempted Second Degree Murder
Florida prosecutors do not need to prove a premeditated plan to kill when pursuing attempted second-degree murder. They instead allege an imminently dangerous act showing a depraved mind and disregard for human life. The conduct must exceed ordinary recklessness or an impulsive threat.
Completed second-degree murder is a felony of the first degree punishable by up to life. Florida reduces the incomplete offense to a felony of the second degree. As an offense ranked at Level 8, the charge creates significant prison exposure.
Attempted Felony Murder Florida Charges
Attempted felony murder is a separate offense under Florida Statute Section 782.051. These cases involve an alleged felony and an intentional act that was not an element of the felony. The statute addresses both felonies enumerated in section 782.04(3) as well as felonies outside of that section. If a person engaged in such felonies commits, aids, or abets an intentional act that could cause death, attempted felony murder charges apply. Accomplices also share liability for acts they didn’t commit themselves.
Felonies That May Lead to Attempted Felony Murder Allegations
These charges only apply to a person who perpetrates or attempts to perpetrate any felony enumerated under state law. This means that defendants face attempted murder allegations in addition to other felony allegations. Common examples include:
- Robbery
- Burglary
- Kidnapping
- Arson
- Carjacking
- Sexual battery
- Home-invasion robbery
- Resisting arrest with violence
- Qualifying drug trafficking
- Unlawful throwing, placing, or discharging of a destructive device
Florida divides attempted felony murder into different classifications based on the underlying felony and who allegedly caused an injury. Any felony enumerated in Section 782.04(3) is at Level 9. The other forms rank at Levels 8 and 7. Each offense ranked under Section 782.051 receives victim injury points, which may increase the lowest permissible sentence.
Attempted Murder Charge in Florida Versus Aggravated Battery
Severe injuries do not automatically prove an attempt to commit murder. Attempted murder requires proof of intent or attempt to kill, not just injure. Battery qualifies as aggravated when the perpetrator causes great bodily harm, permanent disability, or permanent disfigurement. Committing battery against a pregnant person is also an aggravated charge.
Disputes over whether an act qualifies as aggravated battery or attempted murder can arise from various dangerous situations. Such cases include those involving shootings, stabbings, vehicle incidents, blunt-object attacks, and physical fights. Inadequate proof of attempted murder may support dismissal, acquittal, or negotiations toward a lesser offense. Aggravated battery attorneys in Tampa provide experienced defense.
Attempted Murder Sentence Florida Courts May Impose
Defendants found guilty of attempted murder often face imprisonment. The sentence depends on the degree, offense ranking, and total Criminal Punishment Code points. A prior conviction, victim injuries, weapon findings, and additional counts can increase the score. The court must also consider reclassification statutes and qualifying offender designations.
How Many Years is Attempted Murder in Florida?
The sentence may include a term of years or a life sentence. First-degree, second-degree, and attempted felony murder classifications create different maximums. Firearm findings can require minimum prison terms. The Florida Criminal Punishment Code scoresheet assigns points for the primary offense, added offenses, injuries, and prior record. Victim injury points vary based on the harm proved. Prior serious felonies and legal status can add more points. Habitual offender and violent career criminal provisions may also affect the sentence. The prosecution must prove facts supporting each enhancement. A prison sentence does not promise early parole. Life imprisonment without release also excludes parole.
Attempted First-Degree Premeditated Murder
This offense is a felony of the first degree in Florida. As an offense ranked at Level 9, it starts with 92 primary-offense points. The ordinary maximum is 30 years in prison. Reclassification can permit a longer sentence.
Attempted Second-Degree Murder
Courts generally treat this attempt as a felony of the second degree in Florida, with a maximum sentence of 15 years. The Criminal Punishment Code may apply enhancements and classifications that increase prison exposure. For example, firearm reclassification can convert the offense into a first-degree felony, increasing the maximum penalty.
Attempted Felony Murder
Attempted felony murder is also classified as a first-degree felony, and either a maximum not exceeding life or a 30-year maximum applies. This depends on case-specific details. When classified as a second-degree felony, the maximum sentence is 15 years. Classification may depend on the felony, the person perpetrating it, and who injured the victim. Victim injury points can raise the lowest permissible sentence.
Firearm Enhancements in an Attempted Murder Case
Firearm findings can reclassify an attempted murder offense and raise its maximum punishment. Florida’s 10-20-Life Law may also require a minimum prison term. Potential mandatory minimums include:
- 10 years for qualifying firearm possession
- 20 years for qualifying firearm discharge
- 25 years to life when firearm discharge causes death or great bodily harm
The State must prove the required firearm conduct. Our Tampa weapons charge defense lawyers challenge evidence of possession, identification, discharge, causation, and injury.
Attempted Murder Involving Law Enforcement or Court Personnel
Florida law sets separate penalties when violence targets protected justice-system personnel during their duties. Covered people include law enforcement, correctional officers, prosecutors, judges, public defenders, and criminal defense counsel. Attempted first-degree murder of qualifying justice-system personnel requires a 25-year mandatory minimum. The state requires life imprisonment without release for qualifying offenses against on-duty law enforcement or correctional personnel.
Potential Defenses to a Florida Attempted Murder Charge
The defense must match the charged theory and available evidence. Buda Law considers your circumstances carefully while building a case. Our Tampa defense attorneys may pursue one or several approaches:
- Lack of Intent or Premeditation: The evidence may not show a premeditated design to commit murder. It may also fail to show intent to cause the death of another.
- Self-Defense or Defense of Another: Reasonable deadly force may apply against an imminent unlawful threat under Florida’s Stand Your Ground Law.
- No Act or Complete and Voluntary Abandonment: Threatening words, planning, or preparation may not prove a criminal attempt, though it’s important to note that police intervention may defeat an abandonment claim.
- Mistaken Identity or Unlawful Evidence: Alibis, digital records, unreliable identifications, illegal searches, or coerced statements may weaken the prosecution.
Video, medical records, witness accounts, phone data, and forensic evidence may support the defense. The prosecution must prove every element beyond a reasonable doubt. Defense motions and trial preparation can seek suppression, support dismissal, strengthen negotiations, and prepare the case for a jury.
Why Choose Buda Law for an Attempted Murder Case?
Attorney Andrew Buda knows how the State prepares serious felony cases through his former work as a prosecutor. This experience sharpened his ability to question witnesses, present evidence, and expose gaps before a jury. His earlier work as a middle school teacher helped him develop another valuable skill. Andrew explains dense law in clear terms without talking down to clients. He also turns complicated records into an understandable trial presentation. As a Tampa homicide defense lawyer, he understands how Florida defines and charges murder and attempted murder. He uses that knowledge to strengthen your defense case.
Buda Law examines forensic, medical, digital, and witness evidence in serious homicide defense cases. The firm prepares for bond hearings, motions, negotiations, and trial. Andrew’s Florida Rising Stars selections from 2022 through 2026 reflect sustained professional recognition. The firm’s case results illustrate its defense work.
Contact a Tampa, Florida Attempted Murder Lawyer at Buda Law for a Free Consultation Today
An attempted murder conviction may lead to decades in prison or life imprisonment. Firearm enhancements and prior convictions can trigger extended sentencing requirements. Speak with Buda Law before discussing the accusation with police or prosecutors. The firm represents clients throughout Tampa, Hillsborough County, and nearby Florida communities.
Call (813) 322-2832 or contact Buda Law online for a free consultation today.
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