FAQs About Attempted Manslaughter by Act in Florida

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, attempted manslaughter by act is a serious criminal offense. However, it is not well understood, and often confused with other crimes. This blog will answer frequently asked questions about attempted manslaughter by act in Florida (Fla. Stat. 782.07 and 777.04).

#1 – What is attempted manslaughter by act in Florida?

This is a common question, as the answer isn’t obvious from the name of the charge. Attempted manslaughter by act occurs when someone intentionally commits an act that could have, but did not, result in a victim’s death.

For someone to be found guilty of attempted manslaughter by act, the State must prove all of the following beyond a reasonable doubt:

• The defendant intentionally committed an overt act that could have resulted but did not result in the victim’s death
• The overt act went beyond mere preparation

#2 – Does someone have to have intended to kill the victim?

No, attempted manslaughter by act does not require the State to prove that a defendant tried to kill a victim. As long as they intentionally committed an act that could have (but did not) cause the victim’s death, this qualifies as attempted manslaughter by act. State v. Montgomery, 39 So.3d 252 (Fla. 2010)

#3 – Is attempted manslaughter by act a felony?

Yes, attempted manslaughter by act is a third-degree felony. This means it is punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

#4 – What do “overt act” and “mere preparation” mean?

This is key to understanding the charge. An overt act consists of “some movement” towards committing an underlying crime, but does not have to be the last possible act towards completing a crime. Berger v. State, 259 So. 3d 933 (Fla. 5th DCA 2018).

An example is raising a gun to shoot someone but being tackled before pulling the trigger. This would count as an “overt act” towards homicide, even though it is not technically the last act that would have to be performed to complete the crime (actually firing the gun).

However, the act must go beyond mere preparation. Mere preparation is defined as devising or arranging the means or measures necessary to commit a crime. This means someone cannot be convicted of attempted manslaughter by act if they simply considered doing the act (e.g. drawing up a plan), without actually moving to commit the crime.

#5 – Is attempted manslaughter by act covered by the 10-20-Life law?

No, attempted manslaughter by act is not covered by Florida’s 10-20-Life law (Fla. Stat. 775.087). The 10-20-Life law imposes enhanced penalties for various forcible felonies (e.g. murder, sexual battery, kidnapping) when they involve the use of a firearm. Under the law:

• Carrying or brandishing a firearm during the commission of the felony requires a mandatory minimum sentence of 10 years in prison
• Discharging the firearm during the commission of the felony requires a mandatory minimum sentence of 20 years in prison
• If a discharge causes injury or death to a victim, the law requires a mandatory minimum sentence of 25 years to life in prison

Attempted manslaughter by act is not one of the “enumerated felonies” under Fla. Stat. 775.087, so does not trigger 10-20-Life sentencing even if the offense involved a firearm.

#6 – Can someone be convicted if they were simply negligent?

No, an attempted manslaughter by act cannot be legally supported if the defendant was simply negligent (careless). They must have committed an intentional act that could have (but did not) cause a victim’s death. Taylor v. State, 444 So.2d 931 (Fla. 1983)

An example would be a driver nearly hitting a pedestrian in a crosswalk after staring for too long at a billboard. Because the underlying act (nearly hitting the pedestrian) was not intentional, this does not qualify as attempted manslaughter by act – even though it was negligent and could have caused the death of the pedestrian.

#7 – How is attempted manslaughter by act different from attempted second-degree murder?

Attempted second-degree murder (Fla. Stat. 782.04(2) and 777.04) requires the State to prove the following:

• The defendant intentionally committed an overt act that could have but did not result in the death of a victim 
• The act was imminently dangerous to another – it and demonstrated a depraved mind without regard for human life
• The act went beyond “mere preparation”

A key difference between attempted manslaughter by act and attempted second-degree murder is the mens rea (mindset) of the defendant. Though neither crime requires an actual attempt to kill a victim, attempted second-degree murder requires proof of a depraved mind, meaning: 

• A person of ordinary judgment would know the act is reasonably certain to kill or to do serious bodily injury to another person
• The act is done from a place of ill will, hatred, spite or evil intent
• The act is of such a nature that the act itself indicates indifference to human life

A depraved mind is not required for attempted manslaughter by act. It only requires that an intentional act be committed that could have but did not result in the death of a victim, and went beyond mere preparation.

Attempted second-degree murder also requires that the act have been “imminently dangerous” to the victim (reasonably certain to kill or cause great bodily injury). Attempted manslaughter by act does not require imminent danger – only a deliberate act that could have killed but didn’t.

Moreover, attempted second-degree murder is a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine). Attempted manslaughter by act is a third-degree felony. 

Attempted manslaughter by act is a lesser-included offense of attempted second-degree murder. If you’re seeking more information on lesser-included offenses, click here. 

#8 – Is there also a crime called attempted voluntary manslaughter? What’s the difference?

Attempted manslaughter by act is also known as attempted voluntary manslaughter. This is because it requires the commission of an intentional act that could have but did not result in death. If the act did result in death, it would be considered manslaughter.

#9 – What are some examples of what would and would not be attempted manslaughter by act?

Examples of conduct that may be charged as attempted manslaughter by act may include:

• Hurling a brick off their balcony onto the street, which comes one inch away from striking a passerby in the head
• Swinging a baseball bat at someone’s head and narrowly missing
• Driving a car directly at a person to scare them, and nearly hitting them before swerving away at the last second

Examples of conduct that would not constitute manslaughter by act may include:

• Accidentally dropping a small flower pot off a balcony and striking a passerby, bruising them (negligent but not intentional, so no attempted manslaughter by act)
• A driver almost hitting a pedestrian after briefly looking down at their phone
• Someone forgets to activate their parking brake on a hill, and their car rolls down and nearly hits a passerby

The conduct must be intentional (not simply accidental or careless) and could have caused the victim’s death. Without both of these prongs satisfied, the crime is not committed. Taylor v. State, 444 So.2d 931 (Fla. 1983)

#10 – What are potential defenses to attempted manslaughter by act?

There are many possible defenses to attempted manslaughter by act, one or more of which may apply in any given case. These include:

• Lack of an intentional act (e.g. a car accident or other negligent/careless act)
• Self-defense (e.g. throwing a heavy object at an attacker)
• Defense of property (e.g. knocking out a home burglar with a bat)
• Alibi/mistaken identity (especially effective if no firm evidence ties the defendant to the scene – or evidence exists that they were somewhere else)
• No overt act (e.g. just thinking of or planning the act, without actually moving towards carrying it out)
• Insanity defense (severe mental disease or defect, and because of this, the defendant did not understand the nature/consequences of their actions or did not understand that their actions were wrong)
• Entrapment (if law enforcement or their agents induced a non-predisposed defendant to commit the act)

In sum, attempted manslaughter by act is a serious felony in Florida. It involves the intentional commission of an act that could have but did not result in a victim’s death. It does not require a depraved mind, nor intent to actually kill the victim. 

By understanding the answer to these FAQs, someone will be much better informed if they or a loved one are ever involved in an attempted manslaughter by act case. 

If this occurs, it is vital to seek out an experienced and aggressive Florida criminal defense attorney as soon as possible. This could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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