(133) What is Criminal "Attempt" in FL? Michael A Haber Miami Criminal Defense DUI BUI Lawyer
Channel: Michael Haber
Date: 23/10/2016

What is Criminal Attempt in FL?

In FL you commit the crime of “attempt” where

1) You do some act toward committing a crime that went beyond just thinking or talking about it; and 2) You WOULD HAVE committed the crime except that a) someone prevented you from committing the crime or b) you simply failed to commit the crime that you had intended.

Attempt requires not only the intent to commit the crime but also some overt act toward it’s commission.  FL law does not punish mere intent, but it does punish intent coupled with conduct which goes beyond mere talk and constitutes “an appreciable fragment of the intended crime”.

You can avoid an attempt charge where you abandon your effort at committing a crime and the circumstances shoe a complete and voluntary renunciation of your criminal purpose.

So if you plan to commit a robbery, you grab your mask and gun, you climb into the car and head off to the target but, before you get there, you think better of it, turn around and go home then you probably have sufficiently abandoned your attempt.

But, if your robbery simply fails, or if you get thwarted, or if some 3rd party intervenes and prevents the crime from occurring then you have crossed the thresh hold and have committed an attempt.

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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