Attempted Murder
Elements of the Crime
(i) You had the requisite criminal intent – either:
- you willfully intended to physically harm and kill someone; or
- you committed a reckless physical assault on someone in a manner that exhibited a willful disregard for human life (even if you didn’t specifically intend to kill anyone)
and
(ii) You committed an act (amounting to more than mere preparation) that furthered the commission of a murder but failed to complete it. Simply buying a gun, for example, might not be enough; however, firing a gun at someone probably would be enough. Entering an intended victim’s property carrying a loaded gun, by contrast, could possibly be argued either way.
The prosecution must prove both of the foregoing elements beyond a reasonable doubt – you are entitled to an acquittal on the charge of attempted murder if the defense can raise reasonable doubt concerning either element (i) or element (ii).
Penalties
- A minimum of 2 and a maximum of 20 years in state prison; and/or
- a fine of up to $10,000.
As a convicted felon you will lose many of your civil rights, such as the right to own firearms. You may also find it difficult to secure employment or even rent an apartment.
Defenses
- Lack of criminal intent: You did not intend to kill anyone, for example, or you were too intoxicated to recognize the life-threatening nature of your actions. This defense, even if successful, would not result in an acquittal; instead, it would likely reduce the charge to aggravated assault.
- Self-defense or defense of another: This defense, if successful, usually results in a complete acquittal.
- Insufficient act in furtherance: Your act amounted to no more than “mere preparation” (buying a gun, for example).
- Contradiction: The acts alleged by the prosecutor never took place — the “victim” was lying, for example, or you were mistakenly identified.
