The Abandonment Defense Under Florida Criminal Law

If you have been charged with a criminal attempt, solicitation, or conspiracy in Florida, you may be able to raise an abandonment defense under Section 777.04(5) of the Florida Statutes. This defense applies when you have taken steps toward committing a crime but voluntarily renounced your criminal purpose before completing the actual offense. While complex, the abandonment defense provides an important opportunity in Florida criminal law to avoid conviction for a crime you ultimately chose not to commit.

Overview of the Abandonment Defense

Florida recognizes abandonment as an affirmative defense to attempt, solicitation, and conspiracy charges when certain conditions are met. You must prove by a preponderance of evidence that after taking substantial steps to commit the crime, you:

  • Had a complete and voluntary change of heart
  • Prevented the criminal act or notified law enforcement
  • Did not later resume efforts to commit the intended crime

If you meet these requirements, you may be able to prove a defense of abandonment.

Elements of Abandonment

To assert abandonment under Section 777.04(5), you must establish several key elements:

1. Complete and Voluntary Renunciation

You must prove you completely and voluntarily renounced your criminal purpose. The abandonment cannot arise simply because the crime became too difficult or the risks of detection increased. Rather, you must show a genuine change of heart unrelated to external factors.

2. Prevention of the Criminal Act

If possible, you must have made reasonable efforts to prevent the criminal act after renouncing your intent. This may include contacting co-conspirators or law enforcement. Simply withdrawing from the plan is insufficient if you could have actively thwarted the scheme.

3. No Subsequent Revitalization of Intent

After initially abandoning your plans, you cannot resume efforts to commit the intended offense later. Redeveloping your criminal intent after abandonment defeats the defense.

Extends to Solicitation and Conspiracy

Importantly, the abandonment defense under Section 777.04(5) expressly applies not only to attempt crimes but also to criminal solicitation and conspiracy charges. For these crimes, you must prove you persuaded other parties to cease their criminal plans or otherwise prevented the offense after initially soliciting or conspiring to commit it.

Using the Defense at Trial

At trial, you can then seek to introduce credible evidence of your voluntary renunciation and efforts to prevent the crime. Your testimony will be key, along with any records or witnesses that can corroborate your abandonment. An experienced criminal defense lawyer can help craft a compelling narrative for the jury.

However, abandonment involves complex legal issues. The defense has limits, so rely on skilled counsel to advise whether it may defeat your specific charges. With an attorney’s help, an ill-advised attempt, solicitation, or conspiracy does not have to haunt you forever. We have many years of experience guiding clients on using abandonment and other affirmative defenses to fight criminal allegations. Contact us today for a free case review.

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