Attempted Murder Sentence – What is a Defendant Facing?

Attempted murder is a serious felony that, depending on the facts of your case and the state in which your crime took place, could result in a sentence of life in prison.

Like it sounds, an attempted murder is trying – and failing – to kill a human being. Note that if the victim dies later on from the wounds you inflicted, your attempted murder charges could be increased to murder.

1. Attempted First-degree and Second-degree Murder

Many jurisdictions impose different penalties for

• attempted first-degree murder and
• attempted second-degree murder.

Since first-degree murder is a more serious crime than second-degree murder, attempted first-degree murder is penalized more severely.

First-degree attempted murder typically carries life in prison with the possibility of parole. Second-degree attempted murder typically carries a prison sentence of five to 15 years – lengthy but not nearly as harsh as with first degree attempted murder.

California Law

For example, California law imposes the following maximum penalties in attempted murder cases:

• life imprisonment (with the possibility of parole) for attempted murder in the first degree, and
• a 9-year prison sentence for attempted murder in the second degree.¹

Elements Vary

Note that the meaning of “attempted first-degree murder” and “attempted second-degree murder” slightly differ under the criminal laws of varying states.

With that said, however, you will likely get convicted of attempted first-degree murder if:

1. you try to kill a person with a specific intent to kill and with deliberation and premeditation,
2. you take a direct step or direct action towards killing the person, and
3. the victim does not die.²

Meanwhile, most states define attempted second-degree murder as all other kinds of failed homicides involving no premeditation and no “extreme indifference to the value of human life.”³

Some states have 1st and 2nd-degree attempted murder. Some do not.

2. When There Are No Degrees

Many states do not make the above distinction between attempted first-degree murder and attempted second-degree murder. In these states, you will generally receive an attempted murder conviction if you:

1. intentionally try to cause the death of another person, and
2. the would-be “victim” does not die.⁴

For example, Nevada law classifies attempted murder as a category B felony (unless you used poison). A category B felony is punishable by two to 20 years in state prison.⁵

A key element of attempted murder is intent to kill.

3. Sentencing Enhancements

Many states will impose sentencing enhancements if you commit attempted murder under certain circumstances, such as if you:

• are armed with a firearm or deadly weapon,
• discharge a firearm,
• discharge a firearm and it causes great bodily harm to another person, and
• injure a member of a law enforcement agency.⁶

Depending on the specific facts of the case, an enhancement could lead to an additional prison sentence of 10 to 20 years, or even more depending on the state in which you were convicted.

You generally serve this additional time immediately after you serve the time for the underlying attempt conviction.

Attempted murder may carry lesser penalties than murder.

4. Can you avoid a conviction by asserting self-defense?

Sometimes, yes. Self-defense is a common defense to contest criminal charges involving attempted murder.

This defense typically works if you can show that:

1. you reasonably believed that you were in imminent danger of physical harm,
2. you believed force was necessary to stop the danger, and
3. you only used the degree of force reasonably necessary under the circumstances.

Another possible defense is that the incident was an accident or that you were falsely accused.

Murder and attempt murder have the same defenses, such as self-defense and accident.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• California’s SB 1437 and Its Applicability to Attempted Murder Liability – Hastings J. Crime & Punishment.
• Second Degree Murder and Attempted Murder: Clear’s Efforts to Maneuver the Slippery Slope – John Marshall Law Review.
• Getting Lucky, Getting Even, or Getting Away with (Attempted) Murder: The Punishment of Failed Attempts – Public Affairs Quarterly.
• With Malice Toward All: The Increased Lethality of Violence Reshapes Transferred Intent and Attempted Murder Law – University of South Florida Law Review.
• Attempted Murder: Should Specific Intent to Kill Be Required – Baylor Law Review.