What’s the Sentence for Attempted Murder?
Attempting to take the life of another person is a serious offense that can lead to severe legal consequences. Attempted murder, also known as attempted homicide, is the act of intentionally attempting to kill another person with the intention of causing death. The sentence for attempted murder varies depending on the jurisdiction, the severity of the offense, and the defendant’s criminal history. In this article, we will explore the legal aspects of attempted murder and the possible sentences that an individual may face.
Legal Definition of Attempted Murder
Attempted murder is typically defined as the intentional attempt to kill another person, but the attempt does not result in the person’s death. Intentional means that the individual acted with the intention of causing the person’s death, and attempt means that the individual did not succeed in killing the person. Murder, on the other hand, is the act of killing another person with malice aforethought.
Types of Attempted Murder
There are different types of attempted murder, including:
- Pre-meditated attempted murder: This type of attempted murder is committed after careful planning and deliberation.
- Felony attempted murder: This type of attempted murder is committed with the intent to commit a felony, such as robbery or burglary.
- Non-felony attempted murder: This type of attempted murder is committed without the intent to commit a felony.
Punishments for Attempted Murder
The punishment for attempted murder varies depending on the jurisdiction and the severity of the offense. Here are some possible punishments that an individual may face:
Jurisdiction | Punishment |
---|---|
Federal Court | Up to 20 years in prison, a fine, or both |
California | 5, 9, or 11 years in prison |
New York | 5 to 25 years in prison |
Florida | Up to 30 years in prison |
Texas | 5 to 99 years in prison |
Factors That Determine the Sentence
The sentence for attempted murder is determined by a variety of factors, including:
- Circumstances of the offense: The severity of the offense, the intent of the individual, and the harm caused to the victim.
- Defendant’s criminal history: Prior convictions can increase the sentence for attempted murder.
- Mitigating factors: Factors that reduce the sentence, such as mental illness or coercion.
- Aggravating factors: Factors that increase the sentence, such as using a weapon or causing significant harm to the victim.
Sentencing Guidelines
Sentencing guidelines are rules that judges use to determine the appropriate sentence for an individual. In the United States, sentencing guidelines are set by federal and state courts. For example, the Federal Sentencing Guidelines recommend a range of 12 to 30 months in prison for an individual who is convicted of attempted murder.
Appellate Review
In some cases, an individual may appeal their sentence for attempted murder. Appellate review involves reviewing the original sentence to determine whether it was fair and just. Appellate courts review the evidence and legal arguments presented during the trial to determine whether the sentence was appropriate.
Conclusion
Attempted murder is a serious offense that can result in severe legal consequences. The sentence for attempted murder varies depending on the jurisdiction, the severity of the offense, and the defendant’s criminal history. It is important to understand the legal definition of attempted murder, the types of attempted murder, and the possible punishments that an individual may face. By knowing the legal aspects of attempted murder, individuals can better understand the consequences of committing this offense.