As much as we would wish that to be true, it is not. Attempted murder, under Florida statutes 777.04: Attempts, Solicitation, Conspiracy and 782.04: Homicide; Murder, is prosecuted and punishable with a murder prison sentence.
To be convicted of murder, two elements must be proven. In legal terms, they are called ‘mens rea’ or a guilty mind, and ‘actus reus’ or a guilty act.
My child has recently been hanging out with a new group of friends. I haven’t met the friends yet, but I’m aware that a few of them have been in trouble at school and have even been arrested in the past. I don’t believe my own child would commit any crimes, but I’m worried my child may still get into trouble if he’s with these other children and they do something illegal.
Parents should be aware of who their children are spending time with, as if their friends commit a crime and your child is with them when it happens, your child can be charged with the same crime. The most serious example of this is felony murder. Felony murder laws have gained recent media coverage, as some criminal justice reformation movements are pushing to change or abolish felony murder laws across the states. Under Florida’s homicide statutes, a person who is present during or an accomplice to the commission of certain felonies can be charged with second-degree murder if someone is killed during the commission of that felony, even if that person is not the one who actually killed someone and did not intend for anyone to die. Continue reading
Orlando Criminal Lawyer Blog