What is Attempted 2nd Degree Murder?
Definition and Explanation
Attempted 2nd degree murder is a criminal offense that occurs when an individual intentionally and with premeditation, or with a reckless disregard for human life, attempts to kill another person. This crime is considered a serious offense and is punishable by law. In this article, we will delve into the definition, elements, and consequences of attempted 2nd degree murder.
Elements of Attempted 2nd Degree Murder
To prove attempted 2nd degree murder, the prosecution must establish the following elements:
- Intent to kill: The defendant must have intended to kill the victim.
- Premeditation: The defendant must have planned and thought about the act before committing it.
- Reckless disregard for human life: The defendant must have acted with a reckless disregard for human life, which means they were aware of the risk of harm or death but chose to ignore it.
- Attempt: The defendant must have taken a substantial step towards killing the victim, but was prevented from completing the act.
Types of Attempted 2nd Degree Murder
There are several types of attempted 2nd degree murder, including:
- Pre-meditated attempted murder: This occurs when the defendant plans and thinks about the act before committing it.
- Reckless attempted murder: This occurs when the defendant acts with a reckless disregard for human life, but does not plan the act.
- Felony murder: This occurs when the defendant is involved in a felony and someone is killed as a result, even if the defendant did not intend to kill the victim.
Consequences of Attempted 2nd Degree Murder
The consequences of attempted 2nd degree murder can be severe. The defendant can face a minimum of 10 to 20 years in prison, depending on the jurisdiction and the circumstances of the crime. In some cases, the defendant may also be eligible for the death penalty.
Examples of Attempted 2nd Degree Murder
Here are some examples of attempted 2nd degree murder:
- A person plans and thinks about killing their spouse for several days before attempting to shoot them.
- A person gets into a fight with someone and intentionally tries to stab them, but is stopped by a bystander.
- A person is involved in a car accident and intentionally tries to run over someone, but is stopped by a police officer.
Table: Comparison of Murder and Attempted Murder
| Murder | Attempted Murder | |
|---|---|---|
| Intent | Intent to kill | Intent to kill, but did not succeed |
| Premeditation | May be premeditated | May be premeditated |
| Reckless disregard | May be reckless | Must be reckless |
| Consequences | Can be life imprisonment or death | Can be 10-20 years in prison |
Conclusion
Attempted 2nd degree murder is a serious criminal offense that carries severe consequences. It is important to understand the elements and types of attempted 2nd degree murder to appreciate the gravity of this crime. If you are facing charges of attempted 2nd degree murder, it is essential to seek the advice of a qualified criminal defense attorney to ensure your rights are protected.
Additional Resources
- State laws regarding attempted 2nd degree murder
- National Institute of Justice: Attempted Murder
- American Bar Association: Attempted Murder
