Attempted Murder in Florida: When Intent Matters More Than the Outcome

by | Jan 19, 2026 | Murder

“The law does not punish outcomes alone—it punishes intent, and intent must be proven.”

— Carolle El-Naffy

TL;DR – Attempted murder in Florida focuses on intent—not outcome. Prosecutors must prove a deliberate intent to kill and a substantial step toward committing the act. Early legal defense can challenge evidence and protect your future.

Understanding Attempted Murder in Florida

Attempted murder in Florida is one of the most serious violent crime charges a person can face—even when no one dies. While many assume the absence of a fatal outcome reduces the severity, Florida law focuses instead on intent and action.

Because of this, prosecutors aggressively pursue attempted murder charges when they believe a defendant intended to kill but failed. Understanding how these charges work is critical, since the difference between attempted murder and a lesser offense can mean decades of incarceration.

What Is Attempted Murder in Florida?

To convict someone of attempted murder in Florida, the state must prove three elements beyond a reasonable doubt:

  1. The defendant intended to kill the alleged victim

  2. The defendant committed an overt act toward committing the killing

  3. The act went beyond preparation but stopped short of causing death

Without proof of intent to kill, an attempted murder charge cannot stand.

Florida Statutes § 777.04 – Criminal Attempt

Degrees of Attempted Murder in Florida

Florida recognizes two primary forms of attempted murder, each carrying severe penalties.

Attempted First-Degree Murder in Florida

Attempted first-degree murder requires proof of:

  • Premeditated intent to kill, or

  • Participation in a qualifying felony where an attempted killing occurred

This offense is a first-degree felony, often punishable by life in prison, especially when firearm enhancements apply.

Attempted Second-Degree Murder in Florida

Attempted second-degree murder applies when prosecutors allege:

  • A depraved mind

  • Conduct showing extreme indifference to human life

  • Imminently dangerous actions

These cases commonly arise from shootings, stabbings, or violent disputes where prosecutors argue recklessness rose to the level of intent.

Common Situations That Lead to Attempted Murder Charges

Attempted murder charges frequently arise from:

  • Shootings where the victim survives

  • Stabbings or serious assaults

  • Road rage incidents

  • Domestic disputes

  • Gang-related allegations

However, many of these cases may be legally overcharged.

Defenses to Attempted Murder Charges in Florida

Because intent is required, attempted murder cases are often defensible. Common strategies include:

  • Lack of Intent – arguing the act was reckless or impulsive

  • Self-Defense or Stand Your Ground

  • Reduction to Lesser Charges, such as aggravated battery

  • Insufficient Evidence

  • Illegal Searches or Coerced Statements

Penalties and What’s at Stake

An attempted murder conviction can result in:

  • Decades or life in prison

  • Mandatory minimum sentences under firearm laws

  • Permanent felony record

  • Loss of civil rights

  • Employment and immigration consequences

Because the penalties are severe, an early defense strategy matters.

Facing Attempted Murder Charges in Florida? Act Fast

Attempted murder cases are often won or lost early. As evidence hardens and narratives form, opportunities to challenge the prosecution diminish.

Carolle El-Naffy examines intent, evidence, and constitutional protections to build a defense designed to protect your future.

Call (305) 456-7576
75 Valencia Ave, Suite 800, Coral Gables, FL
Confidential consultations available

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