How Many Years for Attempted Homicide?
Understanding Attempted Homicide
Attempted homicide, also known as attempted murder, is a criminal offense where an individual intentionally attempts to kill another person. It is a serious crime that can result in severe penalties, including imprisonment. But how many years can an individual expect to serve for attempted homicide?
What is Attempted Homicide?
- Attempted homicide is an offense that occurs when a person intentionally and knowingly tries to kill another person, but fails to do so.
- The attempt to commit murder can be physical or mental, and it is not necessary for the person to actually harm the intended victim.
- Attempted homicide can be charged as a felony or misdemeanor, depending on the circumstances of the case.
Sentencing for Attempted Homicide
Severity of Sentencing
The severity of the sentencing for attempted homicide varies depending on the jurisdiction and the circumstances of the case. Here are some general guidelines on what to expect:
| Jurisdiction | Maximum Sentence for Attempted Homicide |
|---|---|
| Federal Courts | Life imprisonment or the death penalty |
| State Courts | 5-20 years to life imprisonment |
| Municipal Courts | 2-5 years imprisonment |
Factors Affecting Sentencing
The severity of the sentencing for attempted homicide can be affected by several factors, including:
• Intent: If the perpetrator intended to kill the victim, the sentence is likely to be more severe than if the perpetrator intended only to harm the victim.
• Circumstances: The circumstances of the case, such as the presence of weapons, the use of force, and the level of brutality, can also affect the sentence.
• Priors: If the perpetrator has a prior criminal record, the sentence is likely to be more severe than if it is a first-time offense.
• Victim’s Status: If the victim was a law enforcement officer, judge, or other government official, the sentence may be more severe.
Reduced Sentencing for Cooperating Witnesses
In some cases, the sentence for attempted homicide can be reduced if the perpetrator agrees to cooperate with law enforcement as a witness in another criminal case. This can result in a reduced sentence, including:
• Pre-trial diversion programs: The perpetrator may be able to participate in a pre-trial diversion program, which can result in the charges being dropped or reduced if the perpetrator completes the program.
• Probate: The perpetrator may be able to receive probation, which can result in the perpetrator serving a sentence of up to 1-5 years in prison.
• Community service: The perpetrator may be ordered to perform community service, which can result in a sentence of up to 1-2 years in prison.
Parole and Probation
Individuals convicted of attempted homicide may be eligible for parole or probation, depending on the jurisdiction and the severity of the sentence. Here are some general guidelines on what to expect:
- Parole: Individuals who are sentenced to a determinate sentence (i.e., a specific number of years in prison) may be eligible for parole after serving a certain percentage of their sentence.
- Probation: Individuals who are sentenced to a probated sentence (i.e., a sentence that is suspended) may be placed on probation, which requires the individual to follow certain rules and conditions for a set period of time.
Conclusion
The sentence for attempted homicide can vary significantly depending on the jurisdiction and the circumstances of the case. Understanding the factors that affect sentencing, as well as the possibilities for reduced sentencing, can help individuals who are charged with attempted homicide understand their legal options and navigate the criminal justice system.
Key Takeaways
• Attempted homicide is a serious crime that can result in severe penalties, including imprisonment.
• The sentence for attempted homicide varies depending on the jurisdiction and the circumstances of the case.
• Factors such as intent, circumstances, priors, and victim’s status can affect the severity of the sentence.
• Cooperating witnesses may be eligible for reduced sentencing.
• Individuals convicted of attempted homicide may be eligible for parole or probation.
