Legal Question in Criminal Law in Florida

What is the maximum number of years for 2nd degree attempted murder? Can you list all the lesser included charges for this in june 2008, Florida ? If the lower court excluded one of the lesser charges on the jury instructions, is that a ground for a mistrial ? if sentenced to aggravated assault with firearm/no intent to kill under 10/20/life for 20 years....is that a sentencing error to sentence someone under the lesser charge at a greater number of years that the original charge ?


Asked on 8/20/14, 11:03 am

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

Attempted manslaughter is the only required lessor offense. Aggravated battery, felony battery, aggravated assault, battery, and assault are permissible lessors depending on the facts. If the attempted murder is charged as a second degree, then the maximum sentence is generically 15 years. However if 10/20/life was found with discharge of the firearm, then the minimum legal sentence is 20 years regardless of if the jury found attempted murder or aggravated assault.

the exclusion of a lesser being grounds for a mistrial is dependent on too many factors to answer here, if a properly requested lessor that should have been included was left out, then yes.

Read more
Answered on 8/20/14, 11:16 am


Related Questions & Answers

More Criminal Law questions and answers in Florida