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
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.
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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