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  1. #1
    flrancho is offline Junior Member flrancho is on a distinguished road
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    Attempted Murder Limitations

    I'd previously been told by a cop friend that there is a statute of limitations for attempted murder in Florida. I was surprised, and did a little research. It seems many websites disagree with him and say that there is no statue of limitations for attempted murder in any state; others say there are limitations in Florida for attempted murder of all forms except first degree. Who is right?

    Is there a statute of limitations in Florida for attempted murder or not? How long is it if there is one?

  2. #2
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    I can't speak for Florida, but in Oregon only murder and treason have no statute of limitations.
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  3. #3
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    775.15 - - 2012 Florida Statutes - The Florida Senate

    782.051 - - 2012 Florida Statutes - The Florida Senate

    Read that, it holds your answer. But to sum it up.. It "depends". As different charges for Attempted Murder exist and the Degree of felony is different. So there may, or may not be a statute of limitations depending on which degree of Felony it is.
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  4. #4
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    Cntry-

    I think those links make it clear that there *is* a statute of limitations for attempted murder. The statute provides for no statute of limitations only for capital crimes, and gives a four year limit for all first degree felonies.

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  5. #5
    flrancho is offline Junior Member flrancho is on a distinguished road
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    Ok, so if I get this straight there is a statute of limitations on attempted felony murder, but on attempted premeditated murder, there would be no limitations?

    I'm just guessing this since premeditated first degree murder is a capital crime; though I can't find what the attempt of it would be considered; if it's considered a capital crime too, or something lesser.

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    Thinking of trying to kill someone?
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  7. #7
    flrancho is offline Junior Member flrancho is on a distinguished road
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    Lol, no. I should certainly hope not.

  8. #8
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    Quote Originally Posted by Citicop View Post
    Cntry-

    I think those links make it clear that there *is* a statute of limitations for attempted murder. The statute provides for no statute of limitations only for capital crimes, and gives a four year limit for all first degree felonies.

    -Citicop.
    It also includes "life felonies" as those with no statute of Limitations, which are crimes that can be punished with a life sentence. Attempted Felony Murder is a first degree felony, but the statute also states a term of imprisonment of life can be rendered for certain instances of Attempted Felony Murder (drug related). "Normal" First Degree felony's in Florida carry a maximum sentence of 30 years, unless a statute authorizes a life sentence, which Felony Attempted Murder does. Which could make it a Life Felony.

    So, to be on the safe side, I said "depends". Our state legislature does not believe in creating a simple law. They have to make it as murky as possible. But most cases, you probably are looking at a statute of limitations.
    Last edited by cntryboy0531; 12-05-12 at 02:30 AM.
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  9. #9
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    Quote Originally Posted by flrancho View Post
    Ok, so if I get this straight there is a statute of limitations on attempted felony murder, but on attempted premeditated murder, there would be no limitations?

    I'm just guessing this since premeditated first degree murder is a capital crime; though I can't find what the attempt of it would be considered; if it's considered a capital crime too, or something lesser.
    777.04 - - 2012 Florida Statutes - The Florida Senate

    The above link covers what degree felony or misdemeanor a crime would be if it was considered "attempted". For Capital crimes, it would be a first degree felony. Unless it falls under the Felony Attempted Murder statute, and carries the penalty of life.

    Now for the Fun part. After Re-Reading the Felony Attempted Murder statute, it states that the Life Imprisonment is only valid for 782.04(3) which is a Murder that is committed:

    "Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or methadone by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user"

    Premeditated Murder is not covered in the Felony Attempted Murder statute as Premeditated Murder is under statute 782.04(1). In which case if it was attempted, it would be bumped down to a 1st Degree Felony. It appears that the only time Attempted Murder could be considered a "life felony" would be if drugs were involved. So, in my opinion, most cases of attempted Murder would have a statute of limitations. Some may not, particularly those that involve dope.

    If the attempted murder fell under 782.04(2), it appears to be a 1st Degree Felony, and would have a Statute of Limitations.

    Again... The state legislature doesn't believe in making clear, easy to understand laws. There has to be tons of subsections, tons of exceptions, and the wording as vague as possible. Clear as mud?
    "I would rather my boss give me a butt kicking for being over the top than a eulogy for not being thorough!" ~~~~~ Aussie George

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  10. #10
    flrancho is offline Junior Member flrancho is on a distinguished road
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    Thanks for all the info guys and trying to clear up some of the muddy waters that it Florida law.

    When my cop friend said that there were statutes of limitations to attempted murder I took it to mean all forms; which sounded off to me. I thought for sure first degree premeditated would have none.

    Now I know I was incorrect on that and can change my assumption from all to most forms.

  11. #11
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    It should be noted also if its a LEO, its going to be a "Capital" offense....

    Just wanted to throw that one out there!
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  12. #12
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    Here, any charge "attempted" is one below committing the crime. For instance, Theft I is a class B felony while Attempted Theft I would be a class C. Since murder is a capital crime here, Attempted murder would still be a class A felony, one step below.
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    Quote Originally Posted by Cat_Doc View Post
    You just gotta realize he is hard of hearing and cranky, and try to speak up more clearly next time and make it perfectly clear what you were saying so there is no misinterpretation. You gotta try not to get mad at the old guy, recognizing the issue at hand.

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