Attempted Murder Charges for Road Rage Case
September 7, 2022 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share
A woman is now in critical condition due to a shooting that took place last Sunday. Another driver allegedly shot at her while at a red light, due to road rage. The victim was able to follow the shooter and retrieve her information before calling emergency services to go to the hospital.
The alleged shooter has now been arrested and charged with several criminal charges, including attempted murder. We will cover the details of the case, along with attempted murder and shooting into an occupied vehicle in Florida.
What was the Incident?
Brien Golden, 21, was arrested for an incident that took place on August 28th, 2022, around 8:15 a.m. on Sunday morning in Palm Beach Lakes Boulevard. According to the report, Golden shot at another woman at a red light in an act of road rage.
The victim then followed the red Nissan Altima onto I-95 all the way into Martin County until she was unable to drive further, due to her wound. The victim then pulled her car to the side of the road and waited for emergency services to come and tend to her injuries.
The victim was airlifted to a nearby hospital and taken into surgery shortly after. As of Monday morning, she was still in critical condition. Golden was arrested and booked into Palm Beach County jail on Wednesday afternoon.
In a tweet posted by West Palm Beach Police Department, they announced that Golden is now facing charges of attempted murder and shooting into an occupied vehicle.
Attempted Murder in Florida
It is common for a defendant accused of attempted murder to face the same penalties as someone who has actually committed a homicide. Attempted murder is defined in Florida in relation to the actions of a defendant and their proximity to an unsuccessful homicide.
The defendant can be charged with attempted murder if they fit the following description:
- Any individual who has perpetrated or attempted to perpetrate a felony under Florida Statute section 782.04(3) and has committed, aided or abetted an act that was intentional and has potentially resulted in the death of another human being.
- The defendant has transported someone who attempted to murder another human being.
- The defendant participated in or aided in an assault in which another person attempted to murder another human being.
- The defendant knowingly contributed to or facilitated an act of attempted murder, regardless of whether the defendant was physically present at the time of the crime scene or did not realize the other individual had malicious intent to act out on a homicide.
Attempted murder in the second degree occurs when there was no premeditation to carry out a murder. However, the defendant could still face harsh penalties for second-degree murder, which include up to a $10,000 fine, fifteen years in prison, and probation of up to fifteen years.
Attempted murder in the first degree is when the defendant has attempted to kill another human being in the course of another felony crime including aggravated battery, sexual assault, burglary, arson, or carjacking. The penalties for first-degree attempted murder include up to a $10,000 fine, and up to life in prison without parole. To prove that the attempted murder was in the first degree, the prosecution must be able to prove that the acts were premeditated and intended to result in the death of another human being.
To read more about murder and homicide charges in Florida, read our page here.
Shooting into an Occupied Vehicle in Florida
Florida Statute Section 790.19 defines shooting into an occupied vehicle as when an individual wantonly or maliciously shoots at, within, or into, or throws any missile, stone, or other hard object that could cause great bodily harm or death at, within, or in any public or private building. The place can be occupied or unoccupied, a public or private bus, train, or any vehicle which is being occupied by another person.
Getting accused of shooting into an occupied vehicle can result in a second-degree felony. A guilty conviction of shooting into an occupied vehicle can result in up to a $10,000 fine, fifteen years in prison, and up to fifteen years of probation.
For the prosecution to prove the charge at trial, they must establish the following elements beyond a reasonable doubt:
- The defendant shot a firearm, threw a missile, or projected a stone or hard object that could produce death or great bodily harm;
- The defendant did so at, into, or within a public or private building, a car, train, or any other vehicle that was being occupied by another person; and
- The act was completed with malicious intent.
Finding a Defense Attorney in Tallahassee, Florida
Getting accused of a violent crime is a very serious offense in Florida. A guilty conviction can lead to expensive fines and imprisonment. If the case is for attempted murder, then you could face up to life in prison without the possibility of parole. If you or a loved one have been accused of a violent crime, make sure you seek out the legal advice of a skilled defense attorney. Strategizing a strong defense for your case is your best bet at earning your freedom. Call Pumphrey Law Firm at (850) 681-7777 or leave us an online message today for a free consultation regarding your case.
Written by Karissa Key