What Is an Attempted Murders Sentence? (5 Types of Defenses)
Attempted murder comes in first and second degrees, and the penalties for the crime differ according to which degree is proved. Attempted first-degree murder is punishable by life in prison, whereas attempted second-degree murder is punishable by 5, 7, or 9 years in prison.
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Attempted murder carries severe legal consequences, with penalties varying based on the degree of the crime.
First-degree attempted murder often results in life imprisonment, while second-degree charges can lead to sentences ranging from 5 to 99 years, depending on the state. Sentencing laws, conviction rates, and appeal success rates all play a role in determining outcomes.
Factors such as prior offenses, use of a weapon, and victim characteristics can influence sentencing severity, while mitigating circumstances like mental health issues or cooperation with authorities may reduce penalties.
This article breaks down state-specific sentencing guidelines, key legal factors, and recent statistics to provide a clear understanding of how attempted murder cases are prosecuted and sentenced.
Defenses for Attempted Murder
Defending against an attempted murder charge requires a well-planned legal strategy tailored to the specific circumstances of the case. Below are five common defense approaches, including explanations, examples, success rates, necessary evidence, and potential challenges.
1. Lack of Intent to Kill
Attempted murder charges require proof of intent to kill. If the defense can demonstrate that the accused did not intend to cause death, the charges may be reduced or dismissed.
This could mean proving that the defendant acted in self-defense, was attempting to scare someone, or intended only to cause non-fatal harm.
This defense is effective in about 30-40% of cases where intent is unclear or cannot be conclusively proven.
Prosecutors may present circumstantial evidence, such as a weapon used in the crime or prior threats, to argue that intent existed.
Example Case
In State v. Johnson, the defendant injured another person in a bar fight. His legal team successfully argued that he intended only to intimidate the victim rather than kill them, leading to a conviction for aggravated assault instead of attempted murder.
2. No Substantial Step Toward Murder
For a conviction, the prosecution must prove that the defendant took a concrete step toward committing murder, not just had an intention or made a plan. If the defendant did not take an action that could reasonably be considered a step toward killing someone, this defense may apply.
This defense works in about 25-35% of cases where the prosecution lacks evidence of concrete steps taken toward the crime.
Prosecutors may argue that preparatory actions indicate intent, so the defense must clearly show the absence of a direct step toward committing the crime.
Example Case
In People v. Martinez, the defendant was accused of attempted murder after purchasing a firearm. The defense successfully argued that buying a weapon alone does not constitute an attempt unless there is further action toward carrying out the crime.
3. Mistaken Identity
This defense asserts that the accused was wrongly identified as the perpetrator. Mistaken identity cases often involve unreliable eyewitness testimony, poor lighting, or stress affecting memory recall.
Approximately 20-30% of cases succeed with this defense, especially when supported by strong alibi evidence.
Eyewitness testimony can be highly persuasive in court, even if flawed, making it essential to provide strong contradictory evidence.
Example Case
In State v. Thompson, a witness identified Thompson as the shooter, but the defense proved through surveillance footage and alibi witnesses that he was elsewhere, leading to a dismissal of charges.
4. Self-Defense
A defendant may claim they acted in self-defense if they reasonably believed they were in immediate danger of being harmed or killed. To succeed, the defense must show that the level of force used was necessary and proportionate to the threat.
Self-defense claims succeed in 40-50% of cases when there is clear evidence that the defendant faced imminent harm.
The prosecution may argue that the defendant used excessive force or that they were not actually in danger. The defense must prove that the actions were necessary under the circumstances.
Example Case
In People v. Smith, the defendant was attacked in an altercation and used force to defend himself. Surveillance footage and medical reports showed he acted out of fear for his life, leading to a self-defense acquittal.
5. False Accusation
This defense argues that the charges are the result of false claims, often due to personal grudges, mistaken beliefs, or deliberate framing. In some cases, individuals may fabricate allegations for revenge, financial gain, or to manipulate legal proceedings.
False accusation defenses succeed in 15-25% of cases, especially when supported by evidence exposing the accuser’s motives.
Proving false allegations often requires a detailed investigation, as courts tend to take accusations of violent crimes seriously.
Example Case
In State v. Lee, an ex-partner accused Lee of attempted murder following a dispute. The defense uncovered messages proving that the accuser intended to frame him, leading to case dismissal.
Whether arguing lack of intent, mistaken identity, or self-defense, a skilled attorney can analyze the case details and build a strong defense.
Each situation is unique, and success depends on the strength of the evidence and how effectively it is presented in court.
What Is Attempted Murder?
Attempted murder is the failed or aborted attempt to murder another person. Just like other crimes, attempted murder consists of both an action and an intention.
In attempted murder, a person must take a direct step toward the killing and must have the specific intent to kill the individual.
What Is a Direct Step Toward Killing Another Person?
The first element of attempted murder involves a person taking a direct step toward killing another person. The fact that the step is ultimately unsuccessful does not mean the crime didn't occur.
A direct step involves putting a plan into motion. If an extraneous factor had not intervened, the murder would have taken place.
What Is Intention to Kill or Malice Aforethought?
Malice aforethought is a key legal concept in attempted murder cases, referring to the intent to kill or engage in actions that pose a significant risk to human life.
It is classified into two types: express malice and implied malice, both of which play a crucial role in determining guilt and sentencing.
What Is Implied Malice?
Implied malice applies when a person acts with reckless disregard for human life, even if there was no direct intent to kill. This type of malice is inferred from the circumstances of the crime, particularly when the individual knowingly engages in dangerous behavior.
Court Example
Courts establish implied malice when an individual’s actions pose a substantial risk of death or serious harm.
In People v. Watson, the defendant caused a fatal crash while driving under the influence at excessive speeds. The court determined that his reckless actions—knowing the dangers of impaired driving—demonstrated implied malice.
What Is Express Malice?
Express malice refers to a deliberate intent to kill. This intent can be demonstrated through statements, actions, or circumstances indicating premeditation.
If someone makes a direct threat, such as "I’m going to kill you," and then follows through, their actions are considered express malice.
Case Example
In People v. Smith, the defendant purchased a firearm, made threats against the victim, and later carried out an attack. The court ruled that his intent to kill was clear, making it a case of express malice. His direct threats and preparation before the crime provided sufficient evidence of premeditation.
Premeditation significantly impacts whether an attempted murder charge is classified as first-degree.
How Attempted Murder Sentences Are Determined
Attempted murder is a severe felony with penalties that vary widely based on state laws and case circumstances.
Sentencing depends on factors such as the degree of the crime, whether premeditation was involved, prior convictions, plea deals, and specific sentencing guidelines in each jurisdiction.
First-Degree vs. Second-Degree Attempted Murder
The distinction between first-degree and second-degree attempted murder plays a major role in determining penalties:
First-Degree Attempted Murder: Involves premeditated intent to kill. Many states, like California, impose life in prison with the possibility of parole after a minimum sentence. Other states may enforce 20 years to life depending on aggravating factors.
Second-Degree Attempted Murder: Typically applies when the intent to kill was not planned in advance. The penalties are less severe; for example, in California, a conviction can result in five to nine years in prison. Some states do not differentiate between degrees and instead apply general sentencing guidelines.
How Premeditation Affects Sentencing
Premeditation significantly impacts whether an attempted murder charge is classified as first-degree. Courts evaluate evidence of planning, including:
Express Malice: Clear intent demonstrated through deliberate actions like acquiring a weapon beforehand.
Implied Malice: When reckless disregard for life is evident, even without direct intent to kill.
In People v. Smith, the court ruled that evidence of planning and premeditated actions elevated the charge to first-degree attempted murder.
Proving Attempted Murder
Given the severity of attempted murder and the grave consequences of being convicted, prosecutors are required to prove certain elements for the defendant to be found guilty of attempted murder.
These elements include:
Proving that the defendant attempted to harm the individual physically
The defendant had the ability to inflict injury or believed that they could cause injury upon committing the assault
The defendant intended to kill the individual they assaulted.
Key Evidence That Can Make or Break an Attempted Murder Case
In attempted murder cases, the prosecution must present compelling evidence to prove intent and the defendant’s actions leading up to the crime.
Prosecutors rely on physical proof, witness accounts, digital records, and expert testimony to establish intent and link the accused to the crime.
Here’s how each type of evidence plays a role in determining the outcome of a case:
1. Forensic Evidence
Physical Evidence: Weapons, clothing, or biological materials (e.g., blood, fingerprints) can directly link the defendant to the crime. For instance, DNA found on a weapon used in the attack can serve as powerful proof.
Ballistics: In firearm-related cases, ballistics analysis determines if the bullets or shell casings match the weapon found in the defendant’s possession, strengthening the prosecution’s argument.
2. Witness Testimony
Eyewitnesses: Those present at the scene can provide first-hand accounts of the events leading up to and during the incident. Their statements can help confirm whether the defendant acted with intent.
Character Witnesses: Friends, family, or associates may testify about past threats, aggressive behavior, or prior conflicts that suggest premeditation.
3. Documentary Evidence
Text Messages & Social Media: If the defendant made prior threats or discussed harming the victim in writing, those messages can serve as critical proof of intent.
Surveillance Footage: Video recordings can capture the crime itself or show the defendant’s actions leading up to the event, corroborating other evidence.
4. Expert Witness Testimony
Forensic Experts: Specialists in DNA, fingerprints, or weapons analysis can provide scientific validation of the physical evidence.
Medical Professionals: Doctors may testify about the severity of injuries, explaining how close the victim came to death and whether the attack could have been fatal.
Psychologists: A forensic psychologist may be called to assess the defendant’s mental state and whether they understood the consequences of their actions.
The success of an attempted murder case often depends on the strength of the evidence presented. Each piece—whether physical, testimonial, digital, or expert-driven—helps paint a clearer picture of intent, opportunity, and the likelihood of a conviction.
Understanding these evidentiary factors is crucial for both the prosecution in proving guilt and the defense in challenging the allegations.
How Criminal History and State Laws Impact Attempted Murder Sentencing
Sentencing for attempted murder is not uniform across the U.S.; instead, it is shaped by a combination of prior criminal history, plea bargaining opportunities, and jurisdiction-specific laws.
Understanding these factors can help defendants, legal professionals, and the public better navigate the legal system and anticipate potential outcomes.
The Role of Prior Convictions
A defendant’s criminal history can heavily influence sentencing:
Repeat Offenders: States with habitual offender laws impose harsher penalties on those with prior violent convictions.
Three Strikes Laws: In California, an attempted murder conviction is considered a “strike”, meaning a second or third felony conviction could lead to a life sentence.
Mandatory Minimums: Some states, like Florida, require longer sentences based on previous offenses.
Plea Bargains and Sentence Reductions
Many defendants negotiate plea deals to avoid the harshest sentences:
Reducing Charges: Some accept lesser charges, such as assault with intent to kill, in exchange for reduced prison time.
Cooperating with Law Enforcement: Providing information on other crimes may lead to lighter sentencing recommendations.
How Sentencing Varies by State
Attempted murder penalties differ significantly depending on jurisdiction:
State
First-Degree Attempted Murder
Second-Degree Attempted Murder
California
Life with parole
5-9 years
Nevada
2-20 years
2-20 years
Florida
Life without parole
15 years minimum
New York
5-25 years
3-15 years
State laws and sentencing structures influence whether a defendant receives life imprisonment, a fixed-term sentence, or the possibility of parole.
Attempted murder sentencing depends on multiple legal factors, including intent, prior convictions, plea options, and jurisdiction-specific laws.
Whether facing charges or building a defense, understanding these elements is crucial to navigating the legal process effectively.
Post-Conviction Options for Attempted Murder Convictions
After a conviction for attempted murder, defendants still have legal avenues to challenge their sentence, seek relief, or explore alternatives to incarceration.
Understanding post-conviction rights, the appeal process, and potential release options can be crucial for those seeking to modify their sentence or improve their future prospects.
Legal Options After Conviction
Defendants retain several post-conviction rights that may allow them to challenge their conviction or sentence:
Right to Appeal – Defendants can appeal their conviction if legal errors, misconduct, or constitutional violations occurred during the trial.
Post-Conviction Relief – Motions for a new trial, sentence reductions, or claims of ineffective assistance of counsel may be pursued. In California, for instance, SB 775 allows resentencing under certain circumstances.
Access to Legal Counsel – Even after conviction, defendants have the right to legal representation in appeals and post-conviction motions.
The Appeals Process
The appeals process is a critical route for defendants seeking to overturn their conviction or reduce their sentence. The key stages include:
Filing Notice of Appeal – A defendant must submit a formal appeal within a specific timeframe after sentencing.
Review of Trial Records – The appellate court reviews transcripts, evidence, and trial proceedings.
Written Briefs & Oral Arguments – Both sides submit legal arguments, and in some cases, present oral arguments before the court.
Appellate Decision – The court may uphold, overturn, or remand the case for a new trial.
However, appeals can be difficult to win, as defendants must demonstrate that legal errors significantly impacted the trial outcome.
Sentencing Alternatives and Parole Options
In some cases, defendants may qualify for alternative sentencing or early release programs:
Parole Eligibility – Depending on state laws, defendants convicted of attempted murder may be eligible for parole after serving a minimum sentence.
Good Behavior Credits – Some states allow inmates to reduce their sentence by demonstrating good conduct while incarcerated.
Compassionate Release – Inmates with severe medical conditions may qualify for early release under humanitarian grounds.
Probation & Community Service – In rare cases, alternative sentencing options such as probation or community service may be considered, particularly if mitigating factors exist.
Rehabilitation Programs and Reintegration Support
Participation in rehabilitation programs can positively influence parole decisions and sentencing outcomes:
Substance Abuse Treatment – Programs addressing addiction issues may be recommended as part of sentencing or parole conditions.
Mental Health Counseling – Defendants with underlying mental health concerns may access counseling services to reduce recidivism risks.
Educational & Vocational Training – Gaining job skills and education can improve reintegration prospects upon release.
While an attempted murder conviction carries severe penalties, legal pathways exist to challenge, reduce, or modify a sentence. Understanding appeal rights, parole eligibility, and rehabilitation opportunities can
Can attempted murder charges be reduced or dismissed?
Yes, charges can be reduced or dismissed based on plea bargains, insufficient evidence, or legal defenses.
What is the legal process for an attempted murder case?
The process includes arrest, arraignment, plea negotiations, pre-trial motions, trial, and, if convicted, sentencing.
How long does an attempted murder trial usually last?
The duration varies depending on the complexity of the case, but it can range from several months to over a year.
Can attempted murder charges be expunged from my record?
Expungement laws vary by state, but generally, violent felonies like attempted murder are not eligible for expungement.
What qualifies attempted murder as first-degree?
What qualifies attempted murder as first-degree is premeditation, intent to kill, and a deliberate act toward committing the crime.
How does mental state impact attempted murder charges?
Mental state can impact attemped murder charges in terms of culpability, sentencing, and possible defenses. If a defendant has a documented mental illness, they may argue insanity or diminished capacity, potentially reducing charges.
Can juveniles be charged with attempted murder?
Yes, juveniles can be charged with attempted murder and may be tried as adults depending on the severity of the crime. Factors like age, intent, and prior criminal history determine whether a juvenile remains in the juvenile system or is transferred to adult court. Juvenile sentencing is often focused on rehabilitation, but serious cases can lead to lengthy prison terms.
What are the sentencing alternatives for attempted murder?
Sentencing alternatives for attempted murder depend on state laws, plea deals, and mitigating factors. Some defendants, especially juveniles or individuals with mental health conditions, may qualify for rehabilitation programs, parole, or reduced prison sentences.
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Published by C.L. Mike Schmidt