Inchoate Offense Attempt to Commit a Crime Under Florida Statute § 777.04(1)

Facing a criminal charge in Florida is stressful enough, but when that charge is for an attempted crime that never actually happened, the law can feel especially unfair. Florida treats attempts as serious offenses, and prosecutors are often aggressive in pursuing them. Even if no one was harmed and the intended crime was never completed, the penalties can still be severe. That is why you need a defense lawyer who understands how to fight these charges under Florida Statute § 777.04(1).

I have represented people throughout Florida accused of attempting crimes ranging from theft to violent offenses. I know how prosecutors build their cases, and I know where the weaknesses usually are. More importantly, I know what is at stake for you—your freedom, your career, your reputation, and your future.

Florida Statute § 777.04(1) – The Law on Attempt

The statute itself is clear:

“§ 777.04(1), Florida Statutes: Whoever attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but fails in the perpetration or is intercepted or prevented in the execution thereof, commits the offense of criminal attempt.”

What this means is that the State does not need to prove the actual crime was carried out. All they need to show is that you had the intent to commit the crime and took a step toward carrying it out. That “step” can be very small, which often gives prosecutors wide latitude.

This is where having a private defense attorney matters. I can challenge whether what you did actually qualifies as an “act toward commission,” and I can argue whether the State has enough evidence to prove intent beyond a reasonable doubt.

Penalties for Attempt Charges

Florida law punishes attempts based on the severity of the underlying offense. Under § 777.04(4), an attempt is generally punished at one level lower than the completed offense. For example:

  • If the crime attempted would have been a second-degree felony, the attempt is treated as a third-degree felony.
  • If the crime attempted would have been a first-degree misdemeanor, the attempt is charged as a second-degree misdemeanor.

Even though the penalties are technically reduced by one degree, a felony conviction still follows you for life. You can face prison, probation, fines, and collateral consequences such as loss of professional licenses, housing restrictions, and immigration complications.

This is why it is crucial to have a Florida Inchoate Offense Attempt to Commit a Crime Defense Lawyer on your side to fight for dismissal, reduction, or acquittal.

Common Examples of Attempt Charges

Attempt charges come up in many contexts. Some of the most common include:

  • Attempted theft or burglary where someone is caught trying to break into a vehicle or building.
  • Attempted drug sale when an undercover officer sets up a sting.
  • Attempted violent crimes where prosecutors argue a person took steps toward assault, robbery, or worse.

The troubling part of attempt law is how easily prosecutors can stretch ordinary actions into “steps” toward a crime. Simply meeting with someone, exchanging messages, or possessing certain items can be painted as an attempt.

I work to stop these overreaches. Florida law requires both intent and an overt act. Suspicion, planning, or preparation alone is not enough.

Defenses Against Attempt Charges

Several defenses may apply in these cases:

Lack of Intent

If I can show you did not intend to commit the alleged crime, the State’s case collapses. Thoughts, plans, or discussions are not enough to convict without clear intent.

Abandonment

Florida recognizes abandonment as a defense if you voluntarily stopped before completing the crime. If you walked away on your own, the law does not punish you the same way.

Insufficient Overt Act

The statute requires that some act was taken toward commission. Buying supplies, thinking about the crime, or talking with others is not necessarily enough. I can argue that the State’s evidence falls short of the statute’s requirement.

Entrapment

Many attempt charges arise from police stings. If law enforcement induced you to do something you otherwise would not have done, entrapment may apply.

Mistaken Identity or False Accusations

Prosecutors must prove beyond a reasonable doubt that it was you who acted with criminal intent. If there is confusion, bias, or unreliable witnesses, I will expose it.

Real Case Example – Defense Victory

I once represented a young man accused of attempted burglary in Orlando. Police said he was trying to break into a business after hours. The reality was different: he had been walking home from a friend’s house, stopped in the parking lot, and was waiting for a ride. The officers claimed he was “trying the door,” but video surveillance showed otherwise.

We fought hard in court, presenting the surveillance footage and cross-examining the officers on their assumptions. The judge ultimately dismissed the case, ruling there was no overt act toward committing burglary. My client walked out free, without a felony record hanging over his head.

This case is a perfect example of why you need private counsel. Without that defense, he could have been convicted of a felony for simply standing near a door.

Why You Need a Private Attorney

Attempt charges may seem less serious than completed crimes, but the reality is they can devastate your future. Public defenders do good work, but they are overburdened and cannot dedicate the time that a private attorney can. When you hire me, you get my full attention, strategic planning, and aggressive representation from start to finish.

Every section of your case—from investigating police conduct to analyzing the evidence and filing motions—can make the difference between prison and freedom. My job is to protect you from unfair prosecution and to fight for the best possible outcome.

Other Relevant Florida Statutes

  • § 777.04(2) – Conspiracy: Covers agreements between two or more people to commit a crime.
  • § 777.04(3) – Solicitation: Covers encouraging or requesting someone else to commit a crime.
  • § 777.201 – Entrapment: Provides the defense of entrapment where law enforcement improperly induces the defendant.
  • § 775.082 and § 775.083: Outline sentencing ranges and fines for felonies and misdemeanors.

Understanding how these statutes interrelate is key to building a strong defense.

The Role of a Florida Inchoate Offense Attempt to Commit a Crime Defense Lawyer

As your defense lawyer, I focus on:

  • Challenging whether the State can prove intent.
  • Demonstrating that your actions did not amount to an overt act.
  • Arguing for dismissal or reduction of charges before trial.
  • Preparing a strong defense in court if trial is unavoidable.
  • Working for alternatives to conviction such as diversion programs where available.

This is not something you should face alone. Attempt charges are complex, and prosecutors often use them to leverage plea deals. With the right defense, you can avoid being pressured into accepting a life-altering conviction.

Florida Inchoate Offense Attempt to Commit a Crime Defense FAQs

What exactly counts as an “overt act” toward committing a crime?

An overt act is any action that goes beyond simple preparation. For example, if someone buys tools to commit burglary, that is usually just preparation. But if they use the tools to actually try to enter a building, that can be an overt act. Prosecutors often push the line, which is why these cases are highly contested. A skilled defense lawyer can argue that what happened was not enough to qualify as an overt act.

Can I still be convicted if I changed my mind and stopped?

Florida law recognizes abandonment as a defense if you voluntarily stopped before the crime was completed. The key is that the decision to stop must be your own, not because police arrived or you feared being caught. If you withdrew on your own, I can raise abandonment as a defense to fight the charges.

How does entrapment apply to attempt charges?

Entrapment is a strong defense when police set up a sting operation and push someone into committing a crime they otherwise would not have done. In attempt cases, this often happens with drug stings or online operations. If the government created the situation and pressured you into acting, entrapment may apply.

Are attempt charges always reduced compared to the actual crime?

Generally yes, the statute reduces the degree of the offense by one level. But even a reduced charge can carry heavy penalties, especially when the underlying crime is serious. A third-degree felony attempt still carries up to 5 years in prison. So while the penalty is technically less, the consequences are still life-changing.

Why should I hire a private Florida Inchoate Offense Attempt to Commit a Crime Defense Lawyer instead of relying on a public defender?

Public defenders are dedicated lawyers, but they handle very high caseloads and may not have the time to fully develop your defense. A private lawyer can dedicate more resources, conduct deeper investigations, and pursue every possible defense aggressively. Your future deserves that level of attention.

Can attempt charges be sealed or expunged from my record?

It depends on the outcome of your case. If your charge is dismissed, or if you are acquitted, you may be eligible to have the record sealed or expunged. However, if you are convicted of a felony attempt, Florida law generally prohibits sealing or expungement. I can guide you through the eligibility requirements and fight for the cleanest possible record.

What happens if the State has weak evidence?

If the evidence is weak, my goal is dismissal before trial. I can file motions to suppress evidence, challenge the sufficiency of the overt act, and argue that the State cannot meet its burden. Many attempt cases fall apart under close scrutiny, and I fight to make sure the court sees those flaws.

How do attempt charges affect professional licenses or immigration status?

Any felony, even for attempt, can jeopardize a professional license and can trigger immigration consequences including deportation or inadmissibility. This is why avoiding conviction is so critical. I work not just for the legal outcome in court, but to protect your broader life and future opportunities.

Call Our Florida Inchoate Offense Attempt to Commit a Crime Defense Lawyer 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.