What is Attempted First Degree Murder?
Definition
Attempted first degree murder is a criminal offense that involves an attempt to commit murder, but the victim does not die as a result. First degree murder is the most serious type of murder charge, typically characterized by premeditation, deliberation, and the intention to kill. In contrast, attempted first degree murder occurs when an individual intentionally attempts to commit murder, but fails to do so due to circumstances beyond their control or because the victim does not die.
Key Elements
To be charged with attempted first degree murder, the prosecution must prove the following key elements:
- Intent to commit murder: The accused intended to kill the victim. This intent must be present in the accused’s mind at the time of the attempt.
- Action to commit murder: The accused took some action that was intended to kill the victim. This action may be physical, such as striking or shooting the victim, or it may be through the use of poison, etc.
- Circumstances short of success: The accused did not succeed in killing the victim. The victim may have survived the attempt, or the accused may have been interrupted or stopped before the victim died.
Punishment
The punishment for attempted first degree murder varies depending on the jurisdiction and the specific circumstances of the case. In the United States, for example, the punishment for attempted first degree murder is typically more severe than for lesser crimes, such as manslaughter or assault with a deadly weapon. In many states, attempted first degree murder is punishable by a minimum of 15-20 years in prison, with a maximum sentence of life imprisonment.
Motivations
Attempted first degree murder can occur for a variety of reasons, including:
- Personal gain: The accused may have attempted to murder the victim to gain access to their property, financial resources, or other personal benefits.
- Motive of revenge: The accused may have attempted to murder the victim as an act of revenge, due to a perceived wrong or injustice.
- Criminal enterprise: The accused may have attempted to murder the victim as part of a larger criminal enterprise, such as a gang or organized crime group.
Examples
Here are some examples of attempted first degree murder:
- A jealous boyfriend attempts to shoot his girlfriend, but misses her and hits a bystander instead.
- A rival gang member attempts to shoot a member of a competing gang, but the gun jams and the victim survives.
- A disgruntled employee attempts to kill their boss, but the boss is able to defend themselves and the attacker is caught and arrested.
Conclusion
Attempted first degree murder is a serious crime that involves an attempt to commit murder, but the victim does not die. The punishment for attempted first degree murder is typically more severe than for lesser crimes, and the motivations behind the crime can vary widely. It is important for individuals to understand the definition and key elements of attempted first degree murder, as well as the potential punishments and motivations behind this serious crime.
Table: Key Elements of Attempted First Degree Murder
| Key Element | Description |
|---|---|
| Intent to commit murder | The accused intended to kill the victim. |
| Action to commit murder | The accused took some action that was intended to kill the victim. |
| Circumstances short of success | The accused did not succeed in killing the victim. |
Bullets List: Factors that Can Affect the Severity of Punishment
- The accused’s criminal history
- The severity of the crime
- The impact on the victim and their family
- The accused’s level of involvement in the crime
- The presence of mitigating or aggravating circumstances
Additional Resources
For more information on attempted first degree murder, including state-specific laws and punishments, please visit the following resources:
- National Institute of Justice: www.nij.gov
- American Bar Association: www.americanbar.org
- Federal Bureau of Investigation: www.fbi.gov
