What are the charges for attempted murder?

What are the Charges for Attempted Murder?

Attempted murder is a serious criminal offense that occurs when an individual attempts to kill another person, but fails to do so. The charges for attempted murder vary depending on the jurisdiction and the circumstances of the case. In this article, we will explore the charges for attempted murder, the penalties associated with it, and the legal implications.

What are the Charges for Attempted Murder?

Federal vs. State Charges

In the United States, attempted murder is typically charged as a federal or state crime. Federal charges for attempted murder are typically brought under the following statutes:

• 18 U.S.C. § 113(a)(1) – Attempted murder of a federal law enforcement officer
• 18 U.S.C. § 115(a)(1) – Attempted murder of a government official
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• 18 U.S.C. § 1201(a)(1) – Attempted murder of a foreign official or internationally protected person

State charges for attempted murder are typically brought under the state’s criminal code, which varies from state to state. For example:

• California Penal Code § 664/187 – Attempted murder
• New York Penal Law § 120.10 – Attempted murder
• Texas Penal Code § 15.02 – Attempted murder

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 a felony offense, and the penalties can range from:

• Life imprisonment in some states, such as California
• Up to 20 years in prison in other states, such as New York
• Up to 10 years in prison in some states, such as Texas

Legal Implications

Attempted murder is considered a more serious offense than other violent crimes, such as assault or battery, because it involves a specific intent to kill. The legal implications of attempted murder can be severe, including:

• Loss of civil rights: Conviction of attempted murder can result in the loss of civil rights, such as the right to vote or hold public office.
• Ineligibility for public benefits: Conviction of attempted murder can result in ineligibility for public benefits, such as welfare or food stamps.
• Difficulty finding employment: Conviction of attempted murder can make it difficult to find employment, as many employers conduct background checks and may be hesitant to hire someone with a criminal record.
• Potential for life imprisonment: In some states, conviction of attempted murder can result in life imprisonment, which means the individual may spend the rest of their life in prison.

Defenses to Attempted Murder

Defenses to attempted murder may include:

• Insanity: If the individual was unable to form the intent to kill due to mental illness or impairment, they may be able to raise an insanity defense.
• Self-defense: If the individual was acting in self-defense, they may be able to raise a self-defense claim.
• Duress: If the individual was coerced or threatened into attempting to kill someone, they may be able to raise a duress defense.
• Entrapment: If the individual was induced or persuaded to attempt to kill someone by law enforcement or others, they may be able to raise an entrapment defense.

Conclusion

Attempted murder is a serious criminal offense that carries severe penalties and legal implications. It is important to understand the charges and penalties associated with attempted murder, as well as the legal implications and defenses. If you or someone you know is facing charges for attempted murder, it is essential to seek the advice of a qualified criminal defense attorney who can help navigate the legal system and ensure the best possible outcome.

Table: Charges for Attempted Murder by State

Note: The information provided is general in nature and may not be applicable to specific cases or jurisdictions. It is essential to consult with a qualified criminal defense attorney for specific advice and guidance.