By: The Defense Group October 22, 2025

Can You Defend Against an Attempted Murder Charge in Florida?

Understanding Attempted Murder Under Florida Law

Attempted murder is not a single, simple crime. Florida law divides it into two main categories, each with distinct elements that the prosecution must prove beyond a reasonable doubt. Understanding these differences is the first step in building an effective defense strategy.

Florida Statute §782.04 defines the types of murder, and §777.04 governs attempts to commit crimes. When combined, we get the two classifications for attempted murder:

Attempted First-Degree Premeditated Murder

This is the most serious charge. The prosecution must prove two specific things happened:

A specific intent to kill: You must have acted with a deliberate, firm intent to take the life of another person.
A “Laying in Wait” or Premeditation: This means you had a fully formed, conscious intent to kill that occurred before the act itself. This premeditation can happen minutes or moments before the attempt, but it must be more than a sudden impulse.
An Overt Act: You must have performed some action that went beyond merely preparing for the crime and came close to actually committing it.

Attempted Second-Degree Murder

This charge is less severe but still carries heavy penalties. The intent element here is different. The prosecution does not need to prove premeditation or a specific intent to kill. Instead, they must prove:

A “Depraved Mind” Act: You committed an act that was so reckless and dangerous that it showed a complete disregard for human life.
A High Likelihood of Death: The act must have been one that a reasonable person knew had a high probability of resulting in the victim’s death.
An Overt Act: Similar to the first-degree charge, you must have taken an action that progressed beyond preparation.

Key Defense Strategies We Employ

Successfully defending an attempted murder charge requires meticulously reviewing the evidence and challenging the State’s narrative at every turn. Our approach focuses on tearing down the prosecution’s ability to prove one or more elements of the crime.

Challenging Intent and Premeditation

In an attempted first-degree case, the State’s greatest hurdle is often proving intent. We aggressively challenge the evidence suggesting you possessed a “fully formed, conscious intent to kill.” This often involves:

Showing a Heat of Passion: We may argue that the actions were taken during an intense quarrel or in the heat of the moment, suggesting the absence of premeditation. This could potentially reduce the charge.
Lack of Specific Intent: We may demonstrate that while your actions were harmful, you never intended to cause death, which is critical for the specific intent required under the statute.

Self-Defense and Florida’s Stand Your Ground Law

Florida’s self-defense and “Stand Your Ground” laws provide a powerful shield against violent charges. If we can show that you reasonably believed your actions were necessary to prevent imminent death or great bodily harm to yourself or others, the entire case could change.

The law requires a meticulous hearing, often called a Stand Your Ground Immunity Hearing, where we present evidence to the judge. If the judge agrees that you acted lawfully in self-defense, the case must be dismissed before a jury even hears the evidence.

Attacking the Overt Act Element

For any attempted crime, the law requires an “overt act” that goes past preparation. If you had the intent to commit a crime but abandoned the plan or only took minor steps, a strong defense could argue that the actions never crossed the legal line into a punishable attempt. We scrutinize all evidence to determine if the State can truly prove that the action was a direct movement toward the commission of the murder.

Mistaken Identity or Lack of Evidence

The foundation of any criminal case rests on reliable evidence and accurate identification. We have vast experience investigating the State’s witnesses, challenging police procedures, and analyzing forensic evidence. If the prosecution’s evidence is unreliable, tainted, or insufficient to prove your identity or involvement, we will move to have those charges dismissed.

Our team focuses on the details the prosecution may overlook—a flaw in the witness testimony, a procedural error by law enforcement, or an incomplete investigation. We leverage our over 100 years of combined experience to seek out these weaknesses in the State’s case.

The Serious Consequences of a Conviction

Attempted murder is a felony of the first degree in Florida. A conviction carries devastating sentencing guidelines:

Attempted First-Degree Murder is generally punishable by a sentence up to life in prison.
Attempted Second-Degree Murder is also punishable by up to 30 years in state prison.

Because of the severity of these potential sentences, engaging experienced legal counsel the moment you are charged is non-negotiable. The sooner The Defense Group begins working on your case, the sooner we can start building a strong defense, preserving critical evidence, and advising you on how to proceed.

Your Next Steps: Secure Your Defense Today

If you are currently facing an attempted murder charge in Orlando, Orange County, or anywhere in Florida, your future depends on the actions you take right now. Do not speak to law enforcement without an attorney present. Contacting us immediately is the most important step you can take to protect your rights and your freedom.

We understand the anxiety and fear that come with this serious charge. That is why The Defense Group offers a free, confidential consultation to review the specifics of your case. Let us put our 100+ years of combined experience to work for you. Call us today at 407-743-8430 to schedule your consultation. We are here to fight for the best possible outcome in your defense.