Legal Question in Criminal Law in Florida

attempted murder/assault with a deadly weapon
I had been reading the submitted answers on the subject, but I still don't understand. Situation for example, ''Two boys, one of the boys 16 and the other boy 15 years of age. A witness find the the two boys hovering over a 9 year boy with a nife in each of the boys hand. They run out the house after seeing the witness. When the witness reaches the 9 year old, he notice that he's been stabbed twice, once in the back and once in the head. The boys, after the first attempt, tried to snap the 9 year old neck also to stop him for yelling for help. But when it got taking to trial the verdict was assault with a deadly weapon.'' I don't understand, do age have an affect on the verdict. Why didn't they get attempted murder instead?

Asked on 2/28/08, 9:12 am

Richard Hornsby Richard E. Hornsby, P.A.

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Re: attempted murder/assault with a deadly weapon

Likely the State did not believe they could prove that the death was premeditated.

Answered on 2/28/08, 9:25 am

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