Attempted Felony Murder – Injury to the Victim Was Not Caused by the Defendant - Florida Statute 782.051

Murder and Manslaughter

Some individuals try to commit felonies and accidents happen. They might think, “I was only trying to buy some drugs. Why am I being charged with attempted felony murder?” What the individual does not know is that Florida Statute 782.051 (3) allows for a person to be charged with attempted felony murder if during the commission of the felony, someone other than the defendant injured a person. The reasoning behind this statute was that the defendant did two bad things, a felony and also creating an unsafe situation where a person could get hurt by others.

Definition of Attempted Felony Murder Where the Injury Is by Another

This type of attempted felony murder is where the defendant attempts or commits a felony and while that felony is being committed or shortly after, someone other than the defendant injures the victim.

For the defendant to be convicted of this type of attempted felony murder, the state must prove:

(1) The defendant attempted or completed a felony; and

(2) The victim was injured during the commission or attempt of the felony by someone other than the defendant or his accomplices.

The state prosecutor does not have to prove that the defendant had the intent to hurt the victim. The victim could have been the defendant’s dear sweet grandmother. Individuals committing all sorts of felonies such as drug trafficking, arson, sexual battery, or home invasion robbery can have attempted felony murder additionally charged against them on top of the first felony charge.

The prosecutor does not have to charge the defendant with the all the charges possible at first. The prosecutor might charge the defendant with the attempted or complete first felony and as more facts come out about the victim, the prosecutor might charge the defendant with attempted felony murder on top of the first felony.

Punishment for Attempted Felony Murder – Injury by Another

This is a second-degree felony which is punishable with a maximum prison sentence of 15 years and a $10,000 fine.

Contact the Law Office of Roger P. Foley, P.A.

If you have been arrested and charged with attempted felony murder in the Palm Beach County or the Broward County area, it is extremely important that you contact an attorney at our firm to discuss your defense options. You will want an attorney who can handle your case and aggressively defend you and we will discuss the strengths and weaknesses of the case against you and help you plan your defense.

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