Attempted murder is a severe felony that can lead to life imprisonment depending on your case’s specifics and the state where the crime occurred.
Degrees of Attempted Murder
In many jurisdictions, there are distinct penalties for:
- Attempted first-degree murder
- Attempted second-degree murder
States with these distinctions typically impose harsher penalties for attempted first-degree murder, potentially leading to over 20 years in state prison or life imprisonment.
Uniform Sentencing for Attempted Murder
Conversely, some states do not differentiate between degrees of attempted murder. These states specify a sentencing range for all attempted murder charges, such as 2-20 years. The actual sentence within this range depends on:
- The facts of your case
- Your criminal history
Sentencing Enhancements
Furthermore, many states apply sentencing enhancements under certain conditions, such as:
- Using a deadly weapon during the attempt
- Targeting an elderly person
- Causing serious bodily injury to someone other than the intended victim
These enhancements can significantly increase the prison time for an attempted murder charge, adding 20 years or more to the base sentence.
Here, do states make a distinction between first degree and attempted second degree murder?
Yes, some states do differentiate between attempted first-degree and second-degree murder, with penalties varying accordingly.
Penalties for Degrees of Attempted Murder
- Attempted first-degree murder often results in life imprisonment with the possibility of parole, reflecting its severity compared to second-degree.
- Attempted second-degree murder typically incurs a prison sentence of 5 to 15 years, which is considerable but less severe than for first-degree.
California Law Example In California, for instance:
- Attempted first-degree murder can lead to a life sentence with the possibility of parole.
- Attempted second-degree murder can result in a maximum of 9 years in prison.
Legal Definitions and Convictions The definitions of “attempted first-degree murder” and “attempted second-degree murder” vary across different states. To be convicted of attempted first-degree murder, one must:
- Intend to kill the “victim” with deliberation and premeditation,
- Take a direct action towards this end, and
- The “victim” survives the attempt.
Attempted second-degree murder encompasses all other failed homicides that lack premeditation and demonstrate no “extreme indifference to the value of human life.”
What if there is no difference between first degree murder and second degree murder?
In many states, there is no distinction between attempted first-degree and second-degree murder.
Instead, these states define attempted murder generally and set a sentencing range for those found guilty of the crime.
Nevada Law Example: In Nevada, attempted murder is treated as a category B felony, except when poison is used. This felony classification carries a prison sentence of 2-20 years. Once convicted, the specific sentence within this range is determined based on:
- The particular details of the case, and
- The defendant’s criminal history.
General Definition of Attempted Murder: In states without degrees of attempted murder, a conviction generally requires that you:
- Intentionally attempted to cause another person’s death, and
- The intended “victim” survives the attempt.
Sentencing enhancements
Sentencing enhancements are applied in many states when attempted murder occurs under specific conditions.
These conditions can include:
- Being armed with a firearm or deadly weapon,
- Discharging a firearm,
- Discharging a firearm that results in great bodily harm to another person,
- Injuring a member of law enforcement.
The enhancements can significantly increase the prison sentence, adding an additional 10-20 years or more, depending on the case specifics and the state of conviction.
This additional prison time is typically served consecutively, following the completion of the sentence for the initial attempted murder conviction.
Can I avoid a conviction by asserting self-defense?
Yes, self-defense is a viable legal defense against charges of attempted murder, if appropriately demonstrated.
To successfully assert self-defense, you must prove that:
- You reasonably believed you were in imminent danger of physical harm,
- You believed that using force was necessary to avert this danger, and
- The force you used was proportionate to the threat under the circumstances.
It’s important to note that other defenses are also available to counter an attempted murder charge. A defense is likely to succeed if it creates reasonable doubt about the prosecution’s case.
For a defense strategy tailored to your specific case, consulting with an experienced criminal defense attorney is strongly advised.
