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Attempted Homicide

Statute

FLORIDA STATUTE 782.04 Murder.
—The unlawful killing of a human being :

  1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;
  2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any :
    1. Trafficking offense prohibited by s. 893.135(1),
    2. Arson,
    3. Sexual battery,
    4. Robbery,
    5. Burglary,
    6. Kidnapping,
    7. Escape,
    8. Aggravated child abuse,
    9. Aggravated abuse of an elderly person or disabled adult,
    10. Aircraft piracy,
    11. Unlawful throwing, placing, or discharging of a destructive device or bomb,
    12. Carjacking,
    13. Home-invasion robbery,
    14. Aggravated stalking,
    15. Murder of another human being,
    16. Resisting an officer with violence to his or her person,
    17. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or
  3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.

  1. In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment.
  2. The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
  3. When a person is killed in the perpetration of, or in the attempt to perpetrate, any :
    1. Trafficking offense prohibited by s. 893.135(1),
    2. Arson,
    3. Sexual battery,
    4. Robbery,
    5. Burglary,
    6. Kidnapping,
    7. Escape,
    8. Aggravated child abuse,
    9. Aggravated abuse of an elderly person or disabled adult,
    10. Aircraft piracy,
    11. Unlawful throwing, placing, or discharging of a destructive device or bomb,
    12. Carjacking,
    13. Home-invasion robbery,
    14. Aggravated stalking,
    15. Murder of another human being,
    16. Resisting an officer with violence to his or her person, or
    17. Felony that is an act of terrorism or is in furtherance of an act of terrorism,
    by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
  4. The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any :
    1. Trafficking offense prohibited by s. 893.135(1),
    2. Arson,
    3. Sexual battery,
    4. Robbery,
    5. Burglary,
    6. Kidnapping,
    7. Escape,
    8. Aggravated child abuse,
    9. Aggravated abuse of an elderly person or disabled adult,
    10. Aircraft piracy,
    11. Unlawful throwing, placing, or discharging of a destructive device or bomb,
    12. Unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,
    13. Carjacking,
    14. Home-invasion robbery,
    15. Aggravated stalking,
    16. Murder of another human being,
    17. Resisting an officer with violence to his or her person, or
    18. Felony that is an act of terrorism or is in furtherance of an act of terrorism,
    is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  5. As used in this section, the term "terrorism" means an activity that :
      1. Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or
      2. Involves a violation of s. 815.06; and
    2. Is intended to :
      1. Intimidate, injure, or coerce a civilian population;
      2. Influence the policy of a government by intimidation or coercion; or
      3. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.

FLORIDA STATUTE 777.04 Attempts, solicitation, and conspiracy.--

  1. A person who 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, commits the offense of criminal attempt, ranked for purposes of sentencing as provided in subsection (4). Criminal attempt includes the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an offense prohibited by law.
  2. A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation, ranked for purposes of sentencing as provided in subsection (4).
  3. A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing as provided in subsection (4).
    1. Except as otherwise provided in ss. 104.091(2), 370.12(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is ranked for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944 one level below the ranking under s. 921.0022 or s. 921.0023 of the offense attempted, solicited, or conspired to. If the criminal attempt, criminal solicitation, or criminal conspiracy is of an offense ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, such offense is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    2. If the offense attempted, solicited, or conspired to is a capital felony, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    3. Except as otherwise provided in s. 893.135(5), if the offense attempted, solicited, or conspired to is a life felony or a felony of the first degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    4. Except as otherwise provided in s. 104.091(2), s. 370.12(1), s. 828.125(2), or s. 849.25(4), if the offense attempted, solicited, or conspired to is a:
      1. Felony of the second degree;
      2. Burglary that is a felony of the third degree; or
      3. Felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
      5. the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  5. Except as otherwise provided in s. 104.091(2), s. 370.12(1), s. 849.25(4), or paragraph (d), if the offense attempted, solicited, or conspired to is a felony of the third degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
  6. Except as otherwise provided in s. 104.091(2), if the offense attempted, solicited, or conspired to is a misdemeanor of the first or second degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
  7. It is a defense to a charge of criminal attempt, criminal solicitation, or criminal conspiracy that, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose, the defendant :
    1. Abandoned his or her attempt to commit the offense or otherwise prevented its commission;
    2. After soliciting another person to commit an offense, persuaded such other person not to do so or otherwise prevented commission of the offense; or
    3. After conspiring with one or more persons to commit an offense, persuaded such persons not to do so or otherwise prevented commission of the offense. Jury Instruction

INTRODUCTION TO ATTEMPTED HOMICIDE

Read in all attempted murder and attempted manslaughter cases. In this case (defendant) is accused of (crime charged).

Give degrees as applicable. Attempted murder in the first degree includes the lesser crimes of attempted murder in the second degree, attempted murder in the third degree, and attempted voluntary manslaughter, all of which are unlawful.

An attempted killing that is excusable or was committed by the use of justifiable deadly force is lawful.

If you find that there was an attempted killing of (victim) by (defendant), you will then consider the circumstances surrounding the attempted killing in deciding if it was attempted first degree murder, or attempted second degree murder, or attempted third degree murder, or attempted voluntary manslaughter, or whether the attempted killing was excusable or resulted from justifiable use of deadly force.

JUSTIFIABLE ATTEMPTED HOMICIDE

The attempted killing of a human being is justifiable and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the attempted killing.

EXCUSABLE ATTEMPTED HOMICIDE
The attempted killing of a human being is excusable and therefore lawful under any one of the three following circumstances :

  1. When the attempted killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or
  2. When the attempted killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or
  3. When the attempted killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the attempted killing is not done in a cruel and unusual manner.

Definition "Dangerous weapon" is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm.

I now instruct you on the circumstances that must be proved before defendant may be found guilty of attempted murder or any lesser included crime.

ATTEMPTED MURDER — FIRST DEGREE (PREMEDITATED)
To prove the crime of Attempted First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt :

  1. (Defendant) did some act intended to cause the death of (victim) that went beyond just thinking or talking about it.
  2. (Defendant) acted with a premeditated design to kill (victim).
  3. The act would have resulted in the death of (victim) except that someone prevented (defendant) from killing (victim) or [he] [she] failed to do so.

Definition
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 of time that must pass between the formation of the premeditated intent to kill and the act. The period of time 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 you from the evidence. It will be sufficient proof of premeditation if the circumstances of the attempted killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the attempted killing.

It is not an attempt to commit first degree premeditated murder if the defendant abandoned the attempt to commit the offense or otherwise prevented its commission under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.

ATTEMPTED FELONY MURDER [ENUMERATED FELONY] [NON-ENUMERATED FELONY]
To prove the crime of Attempted Felony Murder, the State must prove the following three elements beyond a reasonable doubt :

  1. (Defendant) [committed] [attempted to commit] a (crime alleged).
  2. While engaged in the [commission] [attempted commission] [escape from the immediate scene] of (crime alleged), the defendant [committed] [aided or abetted] an intentional act that is not an essential element of (crime alleged).
  3. This intentional act could have but did not cause the death of (victim).
  4. (Crime alleged) is defined by Florida law as (define the crime). In order to convict (defendant) of Attempted Felony Murder, it is not necessary for the State to prove that [he] [she] had a premeditated design or intent to kill.

ATTEMPTED FELONY MURDER – INJURY CAUSED BY ANOTHER
To prove the crime of Attempted Felony Murder, the State must prove the following two elements beyond a reasonable doubt :

  1. (Defendant) [committed] [attempted to commit] a (crime alleged).
  2. (Victim) was injured during the [commission] [attempted commission]of an escape from the immediate scene of the (crime alleged) by an individual other than the person(s) [committing] [attempting to commit] [escaping from the immediate scene of] the (crime alleged). (Crime alleged) is defined by Florida law as (define the crime). In order to convict the defendant of attempted felony murder, it is not necessary for the state to prove that the defendant had a premeditated design or intent to kill.

ATTEMPTED SECOND DEGREE MURDER
To prove the crime of Attempted Second Degree Murder, the State must prove the following two elements beyond a reasonable doubt:

  1. (Defendant) intentionally committed an act which would have resulted in the death of (victim) except that someone prevented (defendant) from killing (victim) or [he] [she] failed to do so.
  2. The act was imminently dangerous to another and demonstrating a depraved mind without regard for human life.

Definitions
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 :

  1. 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
  3. is of such a nature that the act itself indicates an indifference to human life. In order to convict of Attempted Second Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death.

It is not an attempt to commit second degree murder if the defendant abandoned the attempt to commit the offense or otherwise prevented its commission under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.

ATTEMPTED VOLUNTARY MANSLAUGHTER
To prove the crime of Attempted Voluntary Manslaughter, the State must prove the following element beyond a reasonable doubt :

(Defendant) committed an act [or procured the commission of an act], which was intended to cause the death of (victim) and would have resulted in the death of (victim) except that someone prevented (defendant) from killing (victim) or [he] [she] failed to do so.

However, the defendant cannot be guilty of Attempted Voluntary Manslaughter if the attempted killing was either excusable or justifiable as I have previously explained those terms.

It is not an attempt to commit manslaughter if the defendant abandoned the attempt to commit the offense or otherwise prevented its commission under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.

Give only if procurement is alleged and proven. To "procure" means to persuade, induce, prevail upon, or cause a person to do something.

Give if attempted manslaughter is being defined as a lesser included offense of attempted first degree premeditated murder. In order to convict of Attempted Voluntary Manslaughter it is not necessary for the State to prove that the defendant had a premeditated intent to cause death.

Battery on a Law Enforcement Officer

Statute FLORIDA STATUTE 784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.--

  1. As used in this section, the term :
    1. "Law enforcement officer" includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; an employee or agent of the Department of Corrections who supervises or provides services to inmates; an officer of the Parole Commission; a federal law enforcement officer as defined in s. 901.1505; and law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement.
    2. "Firefighter" means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.
    3. "Emergency medical care provider" means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties. The term "emergency medical care provider" also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital's emergency department or the security thereof.
    4. "Public transit employees or agents" means bus operators, train operators, revenue collectors, security personnel, equipment maintenance personnel, or field supervisors, who are employees or agents of a transit agency as described in s. 812.015(1)(l).
  2. Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s. 316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, a person licensed as a security officer as defined in s. 493.6101 and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, intake officer, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows:
    1. In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
    2. In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
    3. In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.
    4. In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years.
  3. Any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense, such person possessed :
    1. A "firearm" or "destructive device" as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 3 years.
    2. A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

Jury Instruction
To prove the crime of Battery on a [Law Enforcement Officer] [Firefighter] [Emergency Medical Care Provider] [Traffic Accident Investigation Officer] [Traffic Infraction Enforcement Officer] [Parking Enforcement Specialist] [Security Officer Employed by the Board of Trustees of a Community College], the State must prove the following four elements beyond a reasonable doubt:

  1. (Defendant) intentionally [touched or struck (victim) against [his] [her] will]. [caused bodily harm to (victim)].
  2. (Victim) was a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college].
  3. (Defendant) knew (victim) was a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college].
  4. (Victim) was engaged in the lawful performance of [his] [her] duties when the battery was committed.

The court now instructs you that (name of official position of victim designated in charge) is a [law enforcement officer] [firefighter] [emergency medical care provider] [traffic accident investigation officer] [traffic infraction enforcement officer] [parking enforcement specialist] [security officer employed by the board of trustees of a community college].