A man sentenced to 45 years in prison on an attempted murder charge had his sentence thrown out this month. The court found the state did not present enough evidence to convict the defendant of first-degree attempted murder, according to a report in the Florida Times-Union. The key element of attempted first-degree murder is that the defendant planned and intended to kill the victim, the same premeditation standard that must be proven in a first-degree murder case in which a person is killed.
In terms of a sentencing, the charge is likely not going to change much for the defendant. On the surface, it seems important. He is now serving a 45-year sentence in state prison. Attempted second-degree murder is a second-degree felony punishable by up to 15 years in prison, unless a firearm is used, as it was in this Clay County Violent Crimes Case. Then, the charge becomes a first-degree felony and the maximum sentence stretches to 30 years in state prison, with a 20-year minimum mandatory sentence. But, the fact that a person was shot in the act of this crime makes it a life felony – so the sentence could legally be exactly the same in this Clay County Gun Crimes Case.
In this Clay County Violent Crimes Case, two men were arguing in a parking lot outside a nightclub, the newspaper reported. The defendant is accused of pulling out a gun a shooting four times, hitting the other man once in the stomach, the newspaper reported. But those facts alone are not enough for attempted second-degree murder, the court ruled. There was no evidence presented about the shooter’s state of mind at the time of the crime (he likely did not testify at trial), and the court called the state’s only showed “circumstantial” evidence of premeditation, the newspaper reported. In this case, the conviction was not reversed by the appellate court, it was simply sent back to the lower court for a new sentencing hearing on the reduced charge. In many cases, the entire trial is thrown out and the two sides must start from scratch, but this appeal only applies to the sentence. Appellate courts are a significant part of our judicial system and help ensure the state does not overcharge defendants and meets all of the legal requirements in proving its case beyond a reasonable doubt.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.