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The Currie Law Firm

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ATTEMPT TO COMMIT CRIME

§ 777.04(1), Fla. Stat.

To prove the crime of Attempted, the State must prove the following two elements beyond a reasonable doubt:

1.            Defendant did some act toward committing the crime that went beyond just thinking or talking about it.

2.            Defendant would have committed the crime except that

a.            Someone prevented him/her from committing the crime; or

b.           He/she failed.

It is a defense to the crime of Attempt if the defendant abandoned his/her attempt to commit the offense or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of his/her criminal purpose.

Renunciation is not complete and voluntary where the defendant failed to complete the crime because of unanticipated difficulties, unexpected resistance, a decision to postpone the crime to another time, or circumstances known by the defendant that increased the probability of being apprehended.

If the defendant proved by a preponderance of the evidence that his/her abandoned attempt to commit the offense or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of his/her criminal purpose, he/she is not guilty of an Attempt.

If the defendant failed to prove by a preponderance of the evidence that he/she abandoned the attempt to commit the offense or that he/she otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of his/her criminal purpose, he/she is guilty of the Attempt if all the elements of the charge have been proven beyond a reasonable doubt.