What is attempted homicide?

What is Attempted Homicide?

Attempted homicide is a criminal offense that involves an individual’s deliberate and intentional attempt to take the life of another person, but the act falls short of causing death. This serious crime is punishable by law and carries significant legal consequences.

Defining Attempted Homicide

• Section 1: Legal Definition: Attempted homicide is typically defined as the intentional and direct effort to take the life of another person, with the specific intent to cause their death, but the act does not result in the person’s death.

• Section 2: Common Law Definition: At common law, attempted homicide was considered an "inchoate" offense, meaning it was a precursor to the actual crime of murder. The intent to kill was the essential element of the crime, but the act did not need to result in the death of the victim.

Characteristics of Attempted Homicide

• Intentional Act: The accused must have intentionally attempted to take the life of another person.
• Specific Intent: The accused must have had the specific intent to cause the death of the victim.
• Direct Effort: The accused must have made a direct effort to take the life of the victim.
Check out the 50 Cheapest Guns Now


• Failure to Succeed: The accused’s attempt must have fallen short of causing the victim’s death.

Types of Attempted Homicide

• First-Degree Attempted Homicide: The most serious type of attempted homicide, which involves an intentional and direct effort to take the life of another person with the intent to cause their death, using a deadly weapon or with the intent to commit a felony.
• Second-Degree Attempted Homicide: A lesser degree of attempted homicide, which involves an intentional and direct effort to take the life of another person with the intent to cause their serious bodily harm.
• Misdemeanor Attempted Homicide: A less serious type of attempted homicide, which involves an intentional and direct effort to take the life of another person without the use of a deadly weapon or the intent to commit a felony.

Examples of Attempted Homicide

• Intentional Shooting: An individual intentionally shoots at a person with the intent to kill them, but misses.
• Knife Attack: An individual intentionally stabs a person with a knife with the intent to cause their death, but the victim survives.
• Assault with a Deadly Weapon: An individual uses a deadly weapon to assault a person with the intent to cause their death, but the victim is able to defend themselves.

Consequences of Attempted Homicide

• Criminal Charges: Attempted homicide is typically a felony offense, punishable by imprisonment, fines, or both.
• Criminal Punishment: The severity of the criminal punishment depends on the degree of attempted homicide, the jurisdiction, and the specific circumstances of the case.
• Civil Liability: The victim or their estate may also file a civil lawsuit against the perpetrator, seeking damages for the attempted homicide.

Legal Defenses

• Mental Illness: A defense of mental illness or diminished capacity may be used to argue that the perpetrator was unable to form the intent to kill due to a mental health condition.
• Self-Defense: A defense of self-defense may be used to argue that the perpetrator believed they were in imminent danger of death or serious bodily harm and used deadly force in response.
• Duress: A defense of duress may be used to argue that the perpetrator was forced to commit the attempted homicide against their will.

Table: Legal Consequences of Attempted Homicide

Conclusion

Attempted homicide is a serious criminal offense that carries significant legal consequences. Understanding the characteristics, types, and legal defenses of attempted homicide is crucial for legal professionals, law enforcement, and the general public. The legal consequences of attempted homicide vary depending on the degree of the crime and the jurisdiction, but in all cases, the perpetrator is held accountable for their actions.