Florida criminal charge
Attempts, solicitation, and conspiracy in Florida
Attempts, solicitation, and conspiracy is a criminal offense under Florida law, defined by Fla. Stat. § 777.04. 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. § 777.04.
What is the penalty for attempts, solicitation, and conspiracy in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Attempt/solicitation/conspiracy to commit a level 1 or 2 offense — The offense attempted, solicited, or conspired to is ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Attempt/solicitation/conspiracy to commit a level 1 or 2 offense — The offense attempted, solicited, or conspired to is ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 30 years (Attempt/solicitation/conspiracy to commit a capital felony — The offense attempted, solicited, or conspired to is a capital felony.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Attempt/solicitation/conspiracy to commit a capital felony — The offense attempted, solicited, or conspired to is a capital felony.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Attempt/solicitation/conspiracy to commit a life felony or first-degree felony — The offense attempted, solicited, or conspired to is a life felony or a felony of the first degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Attempt/solicitation/conspiracy to commit a life felony or first-degree felony — The offense attempted, solicited, or conspired to is a life felony or a felony of the first degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Attempt/solicitation/conspiracy to commit a second-degree felony, third-degree burglary, or higher-level third-degree felony — The offense attempted, solicited, or conspired to is a felony of the second degree, a burglary that is a felony of the third degree, or a felony of the third degree ranked in level 3 through 10.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Attempt/solicitation/conspiracy to commit a second-degree felony, third-degree burglary, or higher-level third-degree felony — The offense attempted, solicited, or conspired to is a felony of the second degree, a burglary that is a felony of the third degree, or a felony of the third degree ranked in level 3 through 10.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Attempt/solicitation/conspiracy to commit a third-degree felony — The offense attempted, solicited, or conspired to is a felony of the third degree not covered by paragraph (d).; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Attempt/solicitation/conspiracy to commit a third-degree felony — The offense attempted, solicited, or conspired to is a felony of the third degree not covered by paragraph (d).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 60 days (Attempt/solicitation/conspiracy to commit a first- or second-degree misdemeanor — The offense attempted, solicited, or conspired to is a misdemeanor of the first or second degree.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Attempt/solicitation/conspiracy to commit a first- or second-degree misdemeanor — The offense attempted, solicited, or conspired to is a misdemeanor of the first or second degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is attempts, solicitation, and conspiracy classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempt/solicitation/conspiracy to commit a level 1 or 2 offense | Misdemeanor of the First Degree | The offense attempted, solicited, or conspired to is ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023. | Fla. Stat. § 777.04(4)(a) |
| Attempt/solicitation/conspiracy to commit a capital felony | Felony of the First Degree | The offense attempted, solicited, or conspired to is a capital felony. | Fla. Stat. § 777.04(4)(b) |
| Attempt/solicitation/conspiracy to commit a life felony or first-degree felony | Felony of the Second Degree | The offense attempted, solicited, or conspired to is a life felony or a felony of the first degree. | Fla. Stat. § 777.04(4)(c) |
| Attempt/solicitation/conspiracy to commit a second-degree felony, third-degree burglary, or higher-level third-degree felony | Felony of the Third Degree | The offense attempted, solicited, or conspired to is a felony of the second degree, a burglary that is a felony of the third degree, or a felony of the third degree ranked in level 3 through 10. | Fla. Stat. § 777.04(4)(d) |
| Attempt/solicitation/conspiracy to commit a third-degree felony | Misdemeanor of the First Degree | The offense attempted, solicited, or conspired to is a felony of the third degree not covered by paragraph (d). | Fla. Stat. § 777.04(4)(e) |
| Attempt/solicitation/conspiracy to commit a first- or second-degree misdemeanor | Misdemeanor of the Second Degree | The offense attempted, solicited, or conspired to is a misdemeanor of the first or second degree. | Fla. Stat. § 777.04(4)(f) |
Common questions about attempts, solicitation, and conspiracy in Florida
Is attempts, solicitation, and conspiracy a felony or a misdemeanor in Florida?
It depends on the circumstances: attempts, solicitation, and conspiracy ranges from a Misdemeanor of the Second Degree to a Felony of the First Degree in Florida under Fla. Stat. § 777.04.
Attempt/solicitation/conspiracy to commit a level 1 or 2 offense: Misdemeanor of the First Degree (Fla. Stat. § 777.04(4)(a)) · Attempt/solicitation/conspiracy to commit a capital felony: Felony of the First Degree (Fla. Stat. § 777.04(4)(b)) · Attempt/solicitation/conspiracy to commit a life felony or first-degree felony: Felony of the Second Degree (Fla. Stat. § 777.04(4)(c)) · Attempt/solicitation/conspiracy to commit a second-degree felony, third-degree burglary, or higher-level third-degree felony: Felony of the Third Degree (Fla. Stat. § 777.04(4)(d)) · Attempt/solicitation/conspiracy to commit a third-degree felony: Misdemeanor of the First Degree (Fla. Stat. § 777.04(4)(e)) · Attempt/solicitation/conspiracy to commit a first- or second-degree misdemeanor: Misdemeanor of the Second Degree (Fla. Stat. § 777.04(4)(f))
What are the penalties for attempts, solicitation, and conspiracy in Florida?
Penalties for attempts, solicitation, and conspiracy in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers attempts, solicitation, and conspiracy?
Attempts, solicitation, and conspiracy is governed by Fla. Stat. § 777.04 (Attempts, solicitation, and conspiracy).
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.