Attempted Murder Charges Over Stolen Cologne

December 8, 2022 Criminal Defense, Theft/Property Crimes, Violent Crimes

Attempted murder charges are taken extremely seriously in the state of Florida. If the prosecution can prove that the defendant had premeditated the attempted murder, the accused could spend the rest of their life in prison. In a recent case, a Florida man was arrested for attempted murder over a bottle of cologne.

This article will provide details from the case, along with information on first-degree and second-degree attempted murder in Florida.

What was the Incident?

Gary K. Gangloff, 57, was arrested after being accused of attempted murder on November 25th, 2022. According to the Orlando Police’s tweet, a surveillance video captured a man being attacked with a metal pole and a knife.

Police found the victim in the 600 block of Ossie Street in Orlando, with several stab wounds in his arm, chest, and leg. After getting the victim medical help, police viewed nearby surveillance cameras that showed video images of Gangloff attacking the man.

Orlando police arrested and booked Gangloff into jail. When questioned about the incident, Gangloff told investigators that the victim stole a bottle of cologne from him. The suspect explained that he warned the victim to give back his possession, or he would attack him in return.

Unfortunately, this is not Gangloff’s first run-in with the law—the suspect had just been released from prison in May 2022, with police saying he has spent 30 years in prison. Gangloff had five previous stints in prison, with charges ranging from burglary of an unoccupied structure to grand theft, and criminal mischief. His most recent time was served from 2016-2022.

Gangloff has been charged with attempted murder with a weapon.

Attempted Murder with a Weapon

An attempted murder charge in Florida can either be a first- or second-degree felony. The main difference between first- and second-degree attempted murder charges is that first-degree attempted murder implies the act was premeditated—or planned before the crime itself took place.

To convict a person of first-degree attempted murder, the State must prove the following three elements beyond a reasonable doubt:

  1. The accused did some act intended to cause the death of the victim that went beyond just thinking or talking about it.
  2. The accused acted with a premeditated design to kill the victim.
  3. The act would have resulted in the death of the victim except that someone prevented the accused from killing the victim or he/she failed to do so.

A defendant charged with first-degree attempted murder in Florida can face the following penalties if convicted:

  • Fines up to $10,000
  • Up to Life in Prison

Second-Degree Attempted Murder Charges

For the defendant to be charged with second-degree attempted murder, it normally means that the prosecution does not have sufficient proof that the attempted murder was premeditated.

To convict a person of second-degree attempted murder, the State must prove the following beyond a reasonable doubt:

  1. The accused intentionally committed an act that would have resulted in the death of the victim except that someone prevented the accused from killing the victim or he/she failed to do so.
  2. The act was not only imminently dangerous to another but also demonstrated a depraved mind without regard for human life.

An Act is “imminently dangerous to another and demonstrating a depraved mind” when it is an act or series of acts that:

  1. A person of ordinary judgment would know to be reasonably certain to kill or to do serious bodily injury to another, and
  2. Is done from ill will, hatred, spite, or an evil intent, and
  3. Is of such a nature that the act itself indicates an indifference to human life.

A defendant charged with second-degree attempted murder in Florida can face the following penalties if convicted:

  • Fines up to $10,000
  • Imprisonment up to 15 years
  • Probation for up to 15 years

To learn more about Violent Crimes, follow our link to our blog here.

Possible Defenses

When an accused person has been arrested for attempted murder, they might feel like they have no options. This is especially true if the person was arrested at or near the crime scene. However, it is still the responsibility of the prosecution to secure a conviction by proving each and every element of the offense beyond a reasonable doubt.

That being said, the following are potential defenses that can be used in an attempted murder case:

  • The defendant acted violently in the defense of another person or persons;
  • There is insufficient evidence to prove there was premeditation in the attempted murder;
  • The defendant acted in a way that any reasonable person would have acted in such a dangerous situation;
  • The defendant acted in self-defense; and/or
  • The defendant had external factors that influenced their actions, such as a mental illness.

To find out which type of defense works best with your case, we highly advise first speaking with a skilled defense attorney in your area.

Finding a Defense Attorney in Tallahassee, Florida

If you or someone you love has been accused of a crime, it is imperative to speak with a Tallahassee criminal defense lawyer. In criminal cases involving violent crimes, the prosecution will often seek the harshest penalties. That means a conviction could lead to expensive fines and extensive imprisonment.

Don Pumphrey and his team at Pumphrey Law Firm have years of experience working with Florida citizens across the state. Our attorneys will stand by your side, fighting for your freedom and future. To receive a free consultation regarding your case, contact us at (850) 681-7777 or leave an online message on our website.

Written by Karissa Key

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