Category: Criminal Offenses · Statute: F.S. 777.04 · Source: Florida Legislature
Understanding Inchoate Crimes in Florida
In Florida, an "inchoate crime" refers to an incomplete or anticipatory offense where a person takes steps toward committing a crime but does not complete the final act. Under Florida Statute Section 777.04, the law recognizes three distinct inchoate offenses: attempt, solicitation, and conspiracy. An attempt occurs when someone intends to commit a crime and takes an overt act toward its completion but falls short. Solicitation involves commanding, encouraging, or requesting another person to commit a felony. Conspiracy requires an agreement between two or more people to commit any offense, coupled with the intent to see that offense through.
Florida law treats these preparatory actions as distinct, standalone criminal charges. Crucially, a defendant cannot be convicted of both the completed target crime and the inchoate version of that same crime; the inchoate offense merges into the completed crime if the plan succeeds. Under F.S. 777.04, these offenses are generally penalized one degree lower than the underlying "target" crime. For example, if the target offense is a second-degree felony, the attempt to commit that offense is charged as a third-degree felony.
How Inchoate Charges Impact Florida Bail
Because inchoate crimes are tied directly to a target offense, Florida judges determine bail by evaluating the severity of the intended crime. Under the Florida Criminal Punishment Code, the lower offense severity ranking of an inchoate charge often results in a lower recommended bond compared to a completed offense. However, if the target crime is a non-bondable "dangerous crime" under Florida Statute Section 907.041—such as conspiracy to commit armed robbery or solicitation of first-degree murder—the court may still deny bail entirely during the first appearance hearing, regardless of whether the physical act was completed.