- 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 statute of limitations for attempted murder can be modified for a number of reasons. If the person has not been a resident of the state, or has no documented work history or residence, the time period can be extended for up to three years. The common term for this is "tolled," meaning that the clock for the statute of limitations does not run when you are out of state.
- Attempted murder has a definite statute of limitations of three to four years only if no other crime or special circumstance is involved. Any crime that results in a death, or that carries a possible penalty of capital punishment or a life sentence has no statute of limitations.
- Florida law requires only that criminal charges be filed by the deadline for the specific felony charge. It does not require that a criminal defendant be tried within the statutory period. If you are charged with attempted murder within the time period as defined by law and are notified of the charges then the requirements for prosecution have been met.
previous post