Attempted Murder Sentence: What You Need To Know?

Published May 9, 2024

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

This article will discuss everything you need to know about attempted murder sentences. If you are holding up a charge of attempted murder, it can be devastating. A clear understanding of the prison sentence is critical. 

What Is Classed As Attempted Murder?

Attempted murder is committed when someone commits an act that is more than merely preparatory to the commission of the offense of murder. It is done so with the clear intent of killing someone. It is when someone commits one or many acts which display that they had an intention to kill someone, but this attempt failed for any reason. 

What Factors Affect the Sentence for Attempted Murder?

1. Intent and premeditation

The presence of clear intent to kill and no planning prior to the attempt can significantly increase the severity of the sentence. 

2. Use of weapon 

The use of a weapon can lead to a harsher sentence. For one, a deadly weapon is like a firearm. It is due to the increased potential to cause death. 

3. Degree of injury 

If the victim sustains serious injuries as a result of the attempt, the sentence may be more severe. It will reflect the harm caused. 

4. Victim characteristics

The identity of the victim can affect sentencing. Attempts against certain protected individuals, such as law enforcement officers, government officials, or minors, often result in stricter penalties. 

5. Defendant’s criminal history

Individuals with prior criminal records, particularly those involving violence, may face longer sentences. 

6. Mitigating circumstances

Factors that could be seen as reducing the defendant’s guilt, such as mental illness, extreme emotional disturbance, or provocation, might lead to a lesser sentence. 

7. Aggravating circumstances

Circumstances that increase the perceived severity of the crime can lead to enhanced sentences. These are racial hate motives, involvement of a vulnerable victim, or committing the crime in a manner that endangers multiple people. 

8. Cooperation with law enforcement

Defendants who cooperate with law enforcement may obtain reduced sentences. For example, they may provide information that assists in other cases or display remorse and willingness to accept responsibility.

9. Legal representation 

The quality of the defendant’s legal representation can also impact the outcome. 

10. Jurisdiction

Sentencing laws and guidelines vary by jurisdiction. 

11. Public and social impact

High-profile cases, especially those that attract significant media attention or lead to public outcry, might influence sentencing. 

12. Plea bargains

Defendants who agree to plead guilty to attempted murder may receive a reduced sentence as part of a plea bargain. 

Sentencing Enhancements

Many states also declare sentencing enhancements if you attempt to commit murder under certain circumstances. Primary examples are committed attempted murder and: 

• Did so employing a deadly weapon 
• Did so, and the intended victim was an elderly weapon
• Caused severe bodily injury to another person other than the victim 

A sentencing enhancement gives in more prison time to an attempted murder sentence. An enhancement can introduce 20 years or more to a regular attempted murder sentence. 

Do States Make a Difference Between Attempted First-Degree and Second-Degree Murder?

• Attempted first-degree murder
• Attempted second-degree murder 

First-degree attempted murder carries life in prison with the possibility of parole. Second-degree attempted murder holds a prison sentence of 5 to 15 years. It is lengthy, but not nearly as harsh as with first-degree attempted murder. 

Can You Abstain a Conviction by Asserting Self-Defense?

In specific scenarios, yes. Self-defense is a common legal defense that people present to contest criminal charges involving attempted murder. 

This defense works if you can show that. 

• You reasonably affirmed that you were in imminent danger of physical harm
• Force was needed to stop the danger
• You only employed the degree of force reasonably needed under the circumstances.