FBBE Florida Criminal Law Flashcards

Under Florida's principal liability statute, when is a person criminally liable for the acts of another?

Answer: When they aid, abet, counsel, hire, or procure another to commit the offense

Florida Statutes § 777.011 makes any person who aids, abets, counsels, hires, or procures another to commit a crime equally guilty as a principal in the first degree.

What is the Florida definition of 'attempt' to commit a crime?

Answer: A substantial step toward committing a crime with intent to commit it

Florida Statutes § 777.04(1) defines criminal attempt as doing an act toward committing an offense, intending to commit it, but failing to complete it.

Under Florida's Stand Your Ground immunity, when must a court hold a pretrial immunity hearing?

Answer: Upon motion by the defendant asserting immunity under § 776.032

Under § 776.032 and Dennis v. State, the defendant must file a motion asserting Stand Your Ground immunity, after which the court must hold a pretrial evidentiary hearing.

In Florida, which of the following crimes requires proof of specific intent as an element?

Answer: Theft

Florida theft under § 812.014 requires the specific intent to temporarily or permanently deprive the owner of property, making it a specific intent crime.

Under Florida law, when is the crime of conspiracy complete?

Answer: When two or more persons agree to commit an offense and one commits an overt act in furtherance

Florida Statutes § 777.04(3) provides that conspiracy is complete upon agreement between two or more persons plus an overt act by any one of them in furtherance of the agreement.

What is the maximum sentence for a second-degree misdemeanor in Florida?

Answer: 60 days

Florida Statutes § 775.082(4)(b) caps the sentence for a second-degree misdemeanor at 60 days in county jail.