Attempted Murder Lawyers

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Elements of Attempted Murder

Attempted murder is a very serious criminal charge. To be convicted of attempted murder, prosecutors must be able to prove:

Following these general guidelines, pointing a gun at someone wouldn’t constitute attempted murder but firing the gun, even if you don’t hit them, would probably be attempted murder. Attempted murder can also be charged for trying to hit someone with your car or profoundly wounding someone and leaving them for dead so long as your intent was murder.

Degrees of Attempted Murder

Like murder, attempted murder can be separated in seriousness and penalties based upon certain factors. These factors are:

Attempted Murder Sentencing

Sentences for attempted murder vary from state to state but extenuating circumstances can extend the length of a sentence exponentially. Normal sentences for attempted murder can rage from 5 to 30 years; however, there are oftentimes accompanying charges and circumstances that tie into attempted murder like felonious assault, illegal gun possession, and the severity of the attack. Under the Criminal Attempts Act of 1981, attempted murder is an indictable offense which carries a maximum penalty of life in prison. Life imprison for attempted murder is not unheard of like the Maryland case against Carlos Ovalle.

Possible Defenses to Attempted Murder

Since attempted murder is a type of homicide charge, the defenses to a homicide charge will often work in an attempted murder charge. If those defenses aren’t satisfying, the attempted murder charge can be disproven by negating any of the elements required for proving an attempted murder:

What Can You Do if Accused of Attempted Murder?

Systems of gradation vary from one state to the next but if you are charged with attempted murder than you should immediately consult a criminal lawyer who is familiar with your state and county laws and court procedures. 

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Last Modified: 09-19-2012 02:13 PM PDT

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