How Long is an Attempted Murder Charge?
When someone is charged with attempted murder, they are accused of trying to kill another person, but failing to do so. The severity of the crime and the length of the sentence vary depending on the jurisdiction and the circumstances of the case. In this article, we will explore the different aspects of attempted murder charges and the typical punishments associated with them.
What is Attempted Murder?
Attempted murder is a serious crime that is punishable by law. It is defined as an act that is intended to cause the death of another person, but does not result in the person’s death. This can include actions such as shooting, stabbing, or poisoning someone, as well as attempting to run someone over with a vehicle.
Penalties for Attempted Murder
The penalties for attempted murder vary depending on the jurisdiction and the circumstances of the case. In general, attempted murder is considered a felony and can carry a sentence of up to life in prison or even the death penalty in some cases. The specific penalties can range from:
- 10 to 20 years in prison for a first-degree attempted murder charge
- 5 to 10 years in prison for a second-degree attempted murder charge
- Up to 5 years in prison for a third-degree attempted murder charge
Factors That Influence the Length of the Sentence
The length of the sentence for attempted murder can be influenced by several factors, including:
- Intent: The intent of the person committing the crime can impact the length of the sentence. If the person intended to kill the victim, they may face a longer sentence than if they did not intend to cause serious harm.
- Mental state: The mental state of the person committing the crime can also impact the length of the sentence. If the person was under the influence of drugs or alcohol at the time of the crime, this may be taken into account when determining the sentence.
- Circumstances of the crime: The circumstances of the crime, such as whether it was premeditated or not, can also impact the length of the sentence.
Defenses to Attempted Murder Charges
If someone is charged with attempted murder, they may be able to raise several defenses to the charge, including:
- Self-defense: If the person committing the crime was acting in self-defense, they may be able to avoid prosecution for attempted murder.
- Accident: If the person committing the crime did not intend to harm the victim, they may be able to argue that the crime was an accident.
- Insanity: If the person committing the crime was suffering from a mental illness at the time of the crime, they may be able to argue that they were not responsible for their actions.
Table: Punishments for Attempted Murder in Different Jurisdictions
| Jurisdiction | First-Degree Attempted Murder | Second-Degree Attempted Murder | Third-Degree Attempted Murder |
|---|---|---|---|
| California | 15 years to life in prison | 5 to 11 years in prison | Up to 3 years in prison |
| New York | 25 years to life in prison | 15 to 25 years in prison | Up to 7 years in prison |
| Florida | 30 years to life in prison | 20 to 30 years in prison | Up to 15 years in prison |
Conclusion
Attempted murder is a serious crime that can carry a long prison sentence. The length of the sentence depends on several factors, including the intent of the person committing the crime, their mental state, and the circumstances of the crime. If someone is charged with attempted murder, they may be able to raise several defenses to the charge, including self-defense, accident, and insanity. It is important for anyone facing attempted murder charges to consult with an attorney to understand their legal options and the potential consequences of the crime.
