NEED HELP TO SHOW JUDGE POSSIBLE ERROR WITH THE FLORIDA CRIMINAL PUNISHMENT CODE LEVELS..LOOK AT THESE SMALL THINGS..

Asked about 1 year ago - Jupiter, FL

Florida is the state discretion I am dealing with & I am concerned with the Attempted 2nd Degree Murder Offense (782.04(2) and 777.04). I am concerned with this statues Offense Level because a Judge put this charge as a Level 10 offense & attorneys are saying this is a Level 8, 9 offense. WHO IS RIGHT?? I am lost & I need help into the right answer, please. **According to the Florida Criminal Punishment code, Attempted 2nd Dgre. Fel. Murd. 782.051 (3) is a LEVEL 7 OFFENSE. **Attempted 1st Dgre. Fel. Murd. while perpetrating or attempting to perpetrate a Fel. 782.051 (2) is a LEVEL 8 OFFENSE. **Attempt, conspire, or solicit to commit premeditated murd. 1st degree 782.04 (1) is a LEVEL 9 OFFENSE. **Attempted 1st dgre. Fel. Murd. while perp. or attempting to perp. a fel. enumerated 782.051

Additional information

is a LEVEL 9 OFFENSE. & Of course both 1st degree murder AND second degree murder are BOTH Level 10 Offenses. **I DO NOT HAVE AN ATTORNEY. **BUT MY QUESTION IS, BASED ON THIS INFORMATION WHAT IS THE LEVEL FOR ATTEMPTED 2ND DEGRE. MURD. ?? Lawyers told me the "Attempted" murder charges are always a level below the actual charge (Murder), that 1st degree murder is a level 10, while the attempted 1st degree would be level 9, while 2nd degree murder would be level 9, WOULDNT THAT MAKE ATTEMPTED 2ND DEGREE MURDER A LEVEL 8 OR 7 OFFENSE????? Thank you :)
F.L Criminal Punishment Code Sheet: http://www.dc.state.fl.us/pub/sg_annual/0304/appendices.html

Attorney answers (3)

  1. Jonathan Burton Blecher

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    Contributor Level 17

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    Answered . You've asked this question before and the answers will not change much. You must have a lawyer if you are charged with a serious felony, so I suggest you ask YOUR LAWYER, and not look for fast food answers on the internet.

    Every case and situation is different and vary greatly depending on specific facts. My posts are not to be... more
  2. A. Russell Smith

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    Answered . I agree with the other two attorneys who answered this question. I would add, however, that you always have the option of hiring a sentencing specialist or firm to assist your lawyer in preparing a defense PSI, properly scoring your offense, and providing caselaw support for your position, as well as mitigation evidence.

    Please remember that Q & A forums such as this one are intended to provide general information, not specific legal... more
  3. Ronald Lee Burdge

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    Contributor Level 20

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    Answered . It sounds like an attorney should be or is already on the case. No attorney on the internet will know or understand your case, or its history, better than the lawyer you already have. You should first ask your questions of the attorney you already have representing you. He or she very likely knows exactly what the answer is to your question since they know the other attorney involved and the court and the judge on your case. Anyone else would only be second guessing and that would not be fair to you. And the guess, educated or not, of another attorney who doesn't know everything about your case, could also be wrong. And no attorney wants to give you the wrong advice. Of course, if you are not satisfied with the answers you get from your current attorney, then you always have the right to get a second opinion from another attorney. If you want to find another attorney who handles criminal law cases you can look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Criminal Law attorney near you. If you can not afford an attorney then you should tell them and ask for a public defender (it may be called something else in your particular state). If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck

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    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your... more

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