Attempted murder is felony charge levied when someone tries to kill someone. Just saying, “I could kill you,” does not warrant and attempted murder felony charge. Pointing a gun at someone does not constitute attempted murder. Firing the gun does and so does coming at someone with a knife with the intent to kill. The legal definition of attempted murder requires you to “more than physically prepare” to kill someone. In court, the prosecution has to prove that murder, not serious injury, was the intent and that the crime was planned. Attempted murder is not a crime that is done in the heat of the moment. Anyone convicted of attempted murder can expect to spend a long time in prison. In most state attempted murder carries a penalty of at least 25 years. In order to avoid a lengthy jail sentence, some defendants will enter a plea bargain to charges of aggravated assault, which carries lighter jail sentence.