Florida criminal charge
Attempted felony murder in Florida
Attempted felony murder is a criminal offense under Florida law, defined by Fla. Stat. § 782.051. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 782.051.
How is attempted felony murder classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempted felony murder — enumerated felony under s. 782.04(3) | Felony of the First Degree | Person perpetrates or attempts to perpetrate a felony enumerated in s. 782.04(3) and commits, aids, or abets an intentional act not essential to the felony that could, but does not, cause death. | Fla. Stat. § 782.051(1) |
| Attempted felony murder — non-enumerated felony | Felony of the First Degree | Person perpetrates or attempts to perpetrate a felony other than one enumerated in s. 782.04(3) and commits, aids, or abets an intentional act not essential to the felony that could, but does not, cause death. | Fla. Stat. § 782.051(2) |
| Injury caused by another during enumerated felony | Felony of the Second Degree | A person is injured during the perpetration or attempted perpetration of a felony enumerated in s. 782.04(3) by someone other than the perpetrator, and the perpetrator is held liable for that injury. | Fla. Stat. § 782.051(3) |
Common questions about attempted felony murder in Florida
Is attempted felony murder a felony or a misdemeanor in Florida?
It depends on the circumstances: attempted felony murder ranges from a Felony of the Second Degree to a Felony of the First Degree in Florida under Fla. Stat. § 782.051.
Attempted felony murder — enumerated felony under s. 782.04(3): Felony of the First Degree (Fla. Stat. § 782.051(1)) · Attempted felony murder — non-enumerated felony: Felony of the First Degree (Fla. Stat. § 782.051(2)) · Injury caused by another during enumerated felony: Felony of the Second Degree (Fla. Stat. § 782.051(3))
Which Florida statute covers attempted felony murder?
Attempted felony murder is governed by Fla. Stat. § 782.051 (Attempted felony murder).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.