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NEED HELP WITH THE FLORIDA CRIMINAL PUNISHMENT CODE?

Tallahassee, FL |

FIRST OFF, please do not tell me I need an attorney. Asking for interpretation of the Punishment code has nothing to do with my case, ANY attorney who has studied the law shall know how to read the Criminal Punishment Code & tell me what certain things mean. According to the Punishment Code 1st degree murder is a level 10 offense, WHILE 2nd degree murder is a Level 8 offense. I was told by someone the 'attempts' are always a level below the actual crime. So 1st degree ATTEMPTED murder would be a Level below the actual crime (1st degree murder) which makes it a Level 9 Offense. If 2nd Degree Murder is a Level 8 offense, wouldn't that make 2nd degree ATTEMPTED murder a Level 7 Offense???

F.L Criminal Punishment Code: http://www.dc.state.fl.us/pub/sg_annual/0304/appendices.html

Attorney Answers 3

Posted

No. The attempt rule you are trying to apply does not apply if the attempted crime is specifically listed in the offense severity ranking chart. So Attempted 2nd degree Murder is a Level 8 Offense because it is specifically listed as a level 8 offense.

Simply put, it is a level 8 offense because the legislature says it is a level 8 offense.

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Asker

Posted

Thank you!!!!' FINALLY !! An attorney who know what he is talking about!!! YOUR ANSWER IS THE BEST so far! Exactly what I was looking for.

Asker

Posted

No one on here, I asked this question 2 different times & all these attorneys just tell me "seek an attorney" they should not even answer if they just don't know the answer. Sorry for my rant it just amazes me.

George C. Mangrum

George C. Mangrum

Posted

Glad I could be of service.

Posted

There was a volley of answers on a similar question a few days ago and I can't help but wonder if you are the same person who posted then. At that time I chimed in that I thought (albeit I was certain to say that I was making an educated guess and that I was not certain of my answer) that attempted 2nd is a Level 8, and I still believe that is true, but that's not precisely why I'm trying here, now.

From your {written} tone I sense a lot of frustration. Please understand that any of us (Bar members) who take the time to type in an answer to a question is trying to be helpful, but that doesn't guarantee you anything but good intentions (and we all know where those can lead). That said, you should know that one of the things that you learn as a lawyer (both in school and in practice) is that things are not always (or even usually) cut and dry. I have found that if you put 5 lawyers in a room and ask a question then you are going to get somewhere in between 1 and 5 different answers. This is because, not withstanding the ideal that the law, once written is what it is and that there can be no more to it is untrue. The fact is that there is very little true "black letter" law. What is codified by the Legislature is always subject to interpretation, and that is one of the main reasons as to why, from jurisdiction to jurisdiction within our State (and in others, and amongst the various federal districts), you see varying results in what are seemingly similar situations.

As you say, yes, "any attorney who has studied the law shall know how to read the Criminal Punishment Code & tell me what certain things mean", but that doesn't necessarily mean that you will get it correct, or get it the same way, from varying lawyers.

I still think its a Level 8 and wish you the best of luck!

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Posted

Mr. Haver lol yes this is the same person. However, I think you and Mr. Hornsby were the only attorneys who told me great answers. You didn't have to re-answer my question, but I highly appreciate helping me again. I just really needed to know because our case limitations is running out of time & we have no attorney. And thank you for understanding I was frustrated lol. I was frustrated not because I wasn't getting good answers, I was frustrated because everyone but you & another attorney and on many of my other questions alwayss say, seek an attorney, seek an attorney, when its not a question regarding my case, its a question about the law in general. I feel that by them saying that they are wasting their time & just blowing it off for some reason. You seem like a great attorney & seem like you know your stuff well. I am not a law student rather a health science major student & I have been studying law faithfully for 2 years & it just frustrated me with some of these attorneys who are on here to give advice, but don't. Thank you Mr. Haber.

Asker

Posted

I think it's a level 8 too now, my search is over, I don't know who to pick as best answer. No doubt both you & the attorney above have the best answers out of the 5-7 who answered this question in another post, I may just leave it blank lol

Michael Adam Haber

Michael Adam Haber

Posted

Again, you are most welcome, and please feel free to contact me anytime.

Posted

http://www.dc.state.fl.us/pub/sen_cpcm/index.html is the Link to the Florida Department of Corrections Criminal Score Sheet Preparation Manual. *Be advised* You should retain an attorney who has calculated and reviewed score sheets before! A manual made available to the public is no substitute to an experienced criminal law attorney.

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Asker

Posted

Thank you for answering :) good information, I will check that link out! I like the last part of what you said, its soo much better than an attorney just giving me the answer of "seek an attorney" you actually have a reason why I shouldn't rely on my own founding answers, if that makes sense lol thanks Andrew

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