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.

Degrees of attempted murder

Many jurisdictions impose different penalties for:

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

These states impose harsher penalties for attempted first-degree murder. Depending on the state, you could face over 20 years in state prison or even a life imprisonment term.

No degrees of attempted murder

Note that other states do not make a distinction between attempted first-degree and second-degree murder. Rather, these states have laws that set forth a sentencing range for attempted murder charges (for example, a range of between 2-20 years). You will receive a penalty within this range that will vary depending on:

• the facts of your case, and
• your criminal record.

Sentencing enhancements

Many states also impose sentencing enhancements if you attempted to commit murder under certain circumstances. For example, an enhancement may apply if you committed attempted murder and:

• did so using a deadly weapon,
• did so and the intended “victim” was an elderly person, and
• caused serious bodily injury to another person other than the “victim.”

A sentencing enhancement adds more prison time to an attempted murder sentence. Depending on what the enhancement is for, an enhancement can add 20 years or more to a regular attempted murder sentence.

1. Do states make a distinction between attempted first-degree and second-degree murder?

Some do, yes. 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 5 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

Legal definitions vary

Note that the legal definitions 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 when you:

1. try to kill a “victim,” and do so with a specific intent to kill and with deliberation and premeditation,
2. take a direct step or direct action towards killing the human being, 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

2. What if there is no first-degree murder vs. second-degree murder distinction?

Many states do not make the above distinction between attempted first-degree murder and attempted second-degree murder.

Rather, these states simply set forth a sentencing range for people guilty of attempted murder.

Nevada law

For example, Nevada law classifies attempted murder as a category B felony, unless the defendant used poison. A category B felony is punishable by 2-20 years in state prison.⁴

Once convicted of attempted murder, then, you would receive a prison sentence somewhere within this range. A judge usually takes the following into account when calculating a specific sentence:

• the specific facts of the case, and
• your criminal record.

Attempt murder definition with no degrees

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.⁵

3. What about sentencing enhancements?

Many states will impose sentencing enhancements if you commit attempted murder under certain circumstances.

Some of these circumstances include if you commit the crime and 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 10-20 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.

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

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

The 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.

Note that other murder defenses are available to challenge an attempt charge. A defense will generally prove successful if it casts reasonable doubt on the prosecutor’s case.

We highly recommend that you speak with a skilled criminal defense attorney to learn about the defense that best fits the particular facts of your case.