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  1. #1
    Join Date
    Dec 2012
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    Default Attempted Murder Statute of Limitations

    My question involves criminal law for the state of: Florida

    I had a local police officer friend tell me a while ago that there was a statute of limitations on attempted murder in Florida. I was surprised as I'd always presumed there wasn't.

    However, looking things up online, it seems that many websites disagree with my cop friend. Some say there are no limitations at all, others say that there is for everything except attempted first degree murder. Now I'm confused as to who is right.

    What is the statute of limitations for attempted murder in Florida, if any?

  2. #2
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    Default Re: Attempted Murder Statute of Limitations in Florida

    From a very quick Google search:

    "Attempted murder is classified as a felony by the state of Florida and is divided into three classes, or definitions (Florida Code: 782.051). Felony attempted murder, in definitions 1 and 2 in the Florida code, is classed as a felony of the first degree; in definition 3, it is classed as a felony in the second degree. The statute of limitations for a felony of the first degree is four years. The statute of limitations for other felonies is three years."

    The SOL can be tolled in certain circumstances.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Sep 2010
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    Default Re: Attempted Murder Statute of Limitations in Florida

    Definition 1 is the real attempted murder charge, a felony of the first degree with a maximum term extended to life.
    Definitions 2 and 3 are essentially "felony murder" (acts where someone dies in the commission of a felony) where the person doesn't actually die (but either could have, or was injured).

    As noted first degree felonies have limitations of 4 years. Note this is distinct from a "life felony" which has no limitation.
    Note there are some things that could extended it. If you use a destructive device (bombs, grenades, and large bore weapons), the limitation is ten years. As doggy alludes to, the period may be extended (tolled) for up to three years, if you are continually absent from the state.

  4. #4
    Join Date
    Dec 2012
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    2

    Default Re: Attempted Murder Statute of Limitations in Florida

    Ok, so in Definition 1 it is considered a first degree felony, but the term can be extended to life. Does that mean that there is a 4-year statute of limitations on the first definition of attempted murder, or since the term can be extended to life, does that mean there is no statute of limitations?

  5. #5
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    Default Re: Attempted Murder Statute of Limitations in Florida

    We're not doing your homework for you
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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