The Abandonment Defense Under Florida Criminal Law

If you face criminal attempt, solicitation, or conspiracy charges in Florida, abandonment may provide a defense under section 777.04(5), Florida Statutes. The requirements depend on the charge and what you did after giving up your criminal purpose.

Overview of the Abandonment Defense

Florida recognizes abandonment as an affirmative defense to attempt, solicitation, and conspiracy. The defendant must prove the defense by a preponderance of the evidence, meaning more likely than not. The required conduct differs by charge:

  • Attempt: Abandon the attempt or otherwise prevent the offense.
  • Solicitation: Persuade the person solicited not to commit the offense or otherwise prevent it.
  • Conspiracy: Persuade the other conspirators not to commit the offense or otherwise prevent it.

In each case, the circumstances must show a complete and voluntary renunciation of the criminal purpose.

Elements of Abandonment

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

1. Complete and Voluntary Renunciation

You must completely and voluntarily give up your criminal purpose. Stopping because of unexpected obstacles, resistance, or a greater risk of arrest does not qualify. Neither does deciding to commit the crime another time.

2. Conduct Required for the Charged Offense

For an attempt charge, voluntarily abandoning the attempt may satisfy this requirement. For solicitation or conspiracy, merely withdrawing is insufficient: you must persuade the other person or participants not to commit the offense or otherwise prevent it. Contacting police may help prevent the crime, but notification alone does not establish the defense.

3. Abandonment Must Be Complete

A temporary pause or plan to try again later does not qualify. Later conduct may also help show whether you truly gave up the criminal purpose.

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

Evidence supporting abandonment may include messages, records, and testimony from other witnesses. You have the right not to testify. Your lawyer can assess whether your testimony would help establish the defense and explain the risks of taking the stand.

Whether abandonment applies depends on the charge and the evidence. We can assess this defense alongside other criminal defenses under Florida law and advise you on how to respond to the allegations. Contact us for a free case review.

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