Under New York law, attempted murder falls under the state’s general attempt statute, NY CLS Penal § 110.00. This statute establishes that a person commits an attempt when they have the intent to commit a crime and engage in conduct that tends to bring about the commission of that crime. When the underlying offense is murder, as defined in NY CLS Penal § 125.25, the attempt becomes attempted murder.
The key distinction between murder and attempted murder lies in the outcome. With murder, the victim dies as a result of the defendant’s actions. With attempted murder, the victim survives, but the defendant’s actions and intent were directed toward causing death. The law treats the intent to kill with equal seriousness regardless of whether the attempt succeeded.
New York courts have consistently held that the defendant’s conduct must go beyond simple planning or thinking about committing the crime. The actions must demonstrate a genuine effort to carry out the homicide, bringing the defendant within what courts call “dangerous proximity” to completing the act.
What Is Attempted Homicide? Is It the Same as Attempted Murder?
In everyday conversation, people often use the terms homicide and murder interchangeably, and the same applies to their attempted versions. However, from a legal standpoint in New York, “attempted homicide” is not a formally recognized charge. The proper legal term is attempted murder.
Homicide is a broader term that encompasses any killing of one person by another, including justifiable homicides (such as those committed in self-defense) and non-criminal deaths. Murder, on the other hand, specifically refers to unlawful killings committed with the requisite criminal intent. When prosecutors in New York bring charges for attempting to unlawfully kill someone, they charge attempted murder under NY CLS Penal § 110.00 combined with the appropriate murder statute.
If you hear someone refer to “attempted homicide” charges, they are almost certainly talking about what the legal system formally calls attempted murder. A New York lawyer handling your case will use the correct legal terminology when building your defense strategy.
What Elements Are Required To Prove Attempted Murder in New York?
To secure a conviction for attempted murder in New York, the prosecution bears the burden of proving two fundamental elements beyond a reasonable doubt.
First, the prosecution must establish that the defendant possessed the specific intent to kill another person. This is a high bar. It’s not enough to show that the defendant intended to hurt someone or acted recklessly. The evidence must demonstrate a genuine intent to kill. Courts examine factors such as the nature of the weapon used, the number of blows or shots, the location of injuries on the victim’s body, and statements made by the defendant before, during, or after the incident.
Second, the prosecution must prove that the defendant engaged in conduct that tended to bring about the victim’s death. The defendant’s actions need not be the final step in completing the murder, but they must carry the criminal enterprise forward within dangerous proximity to the intended result. Mere preparation, such as buying a weapon or researching a potential victim, typically does not satisfy this element.
The defendant must have taken concrete steps toward actually killing the victim. Both the intent to cause death and the conduct toward achieving that goal must be established through credible evidence before a jury can convict.
Are There Different Degrees of Attempted Murder in New York?
New York’s attempted murder laws do not explicitly categorize attempted murder into degrees. Instead, the degree of the charge depends on the degree of the underlying murder that was attempted.
Attempted first-degree murder applies when the defendant tried to commit murder under circumstances that would qualify as first-degree murder under NY CLS Penal § 125.27. These circumstances include aggravating factors such as attempting to kill a police officer, a judge, a witness, or committing the attempt for financial gain (contract killing). First-degree murder charges also apply when the murder was committed in an especially cruel manner or involved multiple victims.
Attempted second-degree murder covers situations where the defendant had the intent to kill but none of the special aggravating factors of first-degree murder were present. Under NY CLS Penal § 125.25, second-degree murder involves intentionally causing the death of another person without the additional circumstances that elevate the charge to first degree. Most attempted murder prosecutions in New York fall into this category. The distinction matters significantly because the penalties differ dramatically between the two levels of charges.
In New York, How Many Years Do You Get for Attempted Murder?
The sentences for attempted murder in New York are among the harshest in the criminal code, reflecting how seriously the state treats this felony offense.
Attempted first-degree murder is classified as a Class A-I felony under NY CLS Penal § 110.05. A conviction carries a potential sentence of life imprisonment. Defendants convicted of this charge face a minimum of 15 to 25 years in prison before becoming eligible for parole, with the possibility of spending the rest of their lives behind bars.
Attempted second-degree murder is classified as a Class B violent felony. Under NY CLS Penal § 70.02, this charge carries a determinate sentence ranging from 5 to 25 years in state prison. The actual sentence imposed depends on factors such as the defendant’s criminal history, the specific circumstances of the offense, and other considerations the judge weighs at sentencing.
For defendants with prior violent felony convictions, the penalties increase further. Repeat offenders face enhanced minimum sentences and have less opportunity for early release.
In some cases, prosecutors and defense attorneys may negotiate a plea bargain that results in reduced charges or a recommendation for a lighter sentence. Whether this option makes sense depends on the strength of the evidence, the defendant’s background, and other case-specific factors. A lawyer consultation can help you understand whether pursuing a plea bargain serves your interests better than going to trial.
Defenses To Attempted Murder Charges
Several legal defenses may apply to attempted murder charges in New York, depending on the facts of the case. An experienced attorney will examine all possible angles to challenge the prosecution’s case.
Lack of intent is one of the most common defenses. Because attempted murder requires proof that the defendant specifically intended to cause death, challenging this element can defeat the charge entirely. If the evidence shows the defendant intended only to injure the victim, or if the defendant’s mental state was impaired in a way that negated the ability to form specific intent, the jury may find the prosecution has not met its burden. Voluntary intoxication can, in some circumstances, negate the specific intent required for attempted murder.
Self-defense is another powerful defense when applicable. New York law permits individuals to use deadly force when they reasonably believe such force is necessary to protect themselves from imminent death or serious physical injury. If the defendant can show they acted in response to a genuine threat and their response was proportional to that threat, they may be acquitted. Self-defense claims require careful analysis of the circumstances, including who was the initial aggressor and whether the defendant had any duty to retreat.
The defense of abandonment, codified in NY CLS Penal § 40.10, applies when a defendant voluntarily and completely gave up their criminal purpose before completing the attempt. The defendant must also have taken affirmative steps to prevent the crime from occurring. This defense recognizes that someone who genuinely changes course and prevents harm should not be punished as severely as someone who failed only because of circumstances beyond their control.
Insufficient conduct challenges whether the defendant’s actions crossed the line from mere preparation to actual attempt. If the prosecution cannot prove the defendant came within dangerous proximity to completing the murder, the charge should not stand.
Extreme emotional disturbance, while more commonly used to reduce murder charges to manslaughter, may also have some application in attempted murder cases under NY CLS Penal § 125.25. This defense applies when the defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse.
These legal defenses require thorough investigation, skilled legal analysis, and effective presentation to the jury. A New York criminal defense lawyer can assess your case and determine which defenses may apply. Building a strong defense starts with an honest assessment of the evidence and a strategy tailored to the specific circumstances of your case.
Can You Remove Attempted Murder Charges From Your Criminal Record in New York?
Many people wonder whether an attempted murder conviction can ever be removed from their criminal record. Unfortunately, expungement options for this offense are extremely limited in New York.
New York’s record sealing law, NY CLS CPL § 160.59, allows certain criminal convictions to be sealed from public view after a period of time has passed. However, violent felony offenses are generally excluded from eligibility. Because attempted murder qualifies as a violent felony under NY CLS Penal § 70.02, whether charged as a Class A-I felony (attempted first-degree murder) or a Class B felony (attempted second-degree murder), convictions for this offense typically cannot be sealed.
There are narrow exceptions. If the charges were dismissed, if the defendant was acquitted at trial, or if a conviction was overturned on appeal, the records related to those proceedings may be eligible for sealing. Additionally, if a defendant received a certificate of relief from disabilities or a certificate of good conduct after serving their sentence, these certificates can help mitigate some of the collateral consequences of a conviction, even though they do not remove the conviction from the record.
The reality is that an attempted murder conviction will likely remain on your record permanently. This makes it all the more important to mount the strongest possible defense at trial or to pursue favorable outcomes through other means when the evidence presents challenges.
Do I Need a New York Lawyer if I Am Charged With Attempted Murder?
If you are facing attempted murder charges in New York, you need experienced legal representation immediately. The stakes are simply too high to face alone. A conviction can mean decades in prison, permanent damage to your reputation, and lifelong consequences for employment, housing, and personal relationships.
A New York criminal defense lawyer through LegalMatch can help you understand the charges against you, evaluate the evidence the prosecution intends to use, and develop a defense strategy that gives you the best chance at a favorable outcome. Whether that means challenging the prosecution’s case at trial, negotiating for reduced charges, or exploring other options, having skilled legal counsel in your corner is a necessity.
LegalMatch can connect you with a qualified attorney who handles criminal defense cases in New York. Don’t wait until it’s too late to get the help you need.
