I understand the score sheet but I need help with the correct offense Level of a crime in FL. Please

Asked about 1 year ago - Miami, FL

782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. I just copied and pasted this from the Criminal Punishment Code sheet. I found this on the LEVEL 7 section list. Meaning it is a LEVEL 7 offense. It is the 26th Statute down starting from the top of the LEVEL 7 list. If a weapon (no gun) was used while committing this offense, would it raise the LEVEL of the offense or stay the same?? like would it be raised to a LEVEL 8 or stay at a LEVEL 7? This is in FL. Thankyou! :) Every law firm that I call is too busy to speak with me for a question, I cannot afford a consultation, this is my last resort.

Additional information

FL Criminal Severity Ranking Chart found here, just one click and the sheet it pulls up: http://www.dc.state.fl.us/pub/sg_annual/0304/appendices.html. 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). I also just copied and pasted this from the LEVEL 8 section. This statute is the 8th row down starting from the top of the Section 8 list..If a weapon was used committing this act, would the LEVEL raise to a LEVEL 9 or stay at a LEVEL 8? Thankyou!

Attorney answers (5)

  1. Richard Earl Hornsby

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . If this was really important to you, you would pay an attorney for the time to answer the question.

  2. Tiffany Vanessa Colbert

    Contributor Level 13

    8

    Lawyers agree

    Answered . It may not enhance the level, but use of a firearm will increase the points. Per the Criminal Punishment Code guidelines:

    "(17) Possession of a firearm, semiautomatic firearm, or a machine gun during the commission or attempt to commit a crime will result in additional sentence points. Eighteen sentence points are assessed if the offender is convicted of committing or attempting to commit any felony other than those enumerated in subsection 775.087(2) while having in his or her possession a firearm as defined in subsection 790.001(6), Florida Statutes. Twenty-five sentence points are assessed if the offender is convicted of committing or attempting to commit any felony other than those enumerated in subsection 775.087(3) while having in his or her possession a semiautomatic firearm as defined in subsection 775.087(3) or a machine gun as defined in subsection 790.001(9). Only one assessment of either 18 or 25 points can be made."

    Check out the FL Scoresheet Manual: http://www.dc.state.fl.us/pub/sen_cpcm/cpc_manu...

    For more information or to contact this attorney, visit http://www.thecolbertlawfirm.com or call 407-412-7234.... more
  3. Eric Matthew Matheny

    Contributor Level 10

    8

    Lawyers agree

    Answered . Don't try to teach yourself the ins and outs of the Florida Criminal Punishment Code. Hire an attorney. It's obviously a very serious case.

    All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal... more
  4. Jonathan Burton Blecher

    Pro

    Contributor Level 17

    7

    Lawyers agree

    Answered . You've asked this question before. No less than six attorneys have answered it, mostly agreeing with each others answers. By now, you should know all you need to.

    Hire a lawyer an stop asking for fast food answers to a complex legal question.

    Every case and situation is different and vary greatly depending on specific facts. My posts are not to be... more
  5. James Regan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Non sequitur.

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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