Attempted Murder

Of all the crimes punished by society, none is more serious than the crime of murder, the intentional and unlawful taking of a human life. Apart from the federal crimes of espionage and treason, murder is the only crime for which the death penalty is a potential punishment, though only in around half of all states. The crime of attempted murder can be charged when a person intends to commit murder and tries to carry out the killing but, for whatever reason, is unable to accomplish it. Like murder itself, attempted murder is a serious crime and one that comes with some of the most severe penalties in the criminal justice system.

What Is Attempted Murder?

Attempted murder is the failed or aborted attempt to murder another person. Just like other crimes, attempted murder consists of both an action and an intention. In attempted murder, a person must take a direct step towards the killing and must have the specific intent to kill that person.

The Action: Direct or Substantial Step Toward Committing Murder

To convict a defendant of attempted murder, a prosecutor must show that the accused took a "direct step" towards killing the targeted victim—merely planning is not enough. Courts have explained the requirement for a direct step by stating that a person must go beyond simply preparing to commit the crime and instead must cross over into actually perpetrating it. Preparation is thinking about committing the crime, talking about it, or otherwise planning to do it, while perpetration is taking an action that puts the plan in motion and that would result in the intended killing.

The kinds of actions that can constitute a direct step differ from case to case, though a range of actions may suffice, such as the following.

Stalking, tracking, or ambushing. This includes lying in wait, tracking down the victim, or following the victim, hoping for an opportunity to commit the murder.

Luring. This includes trying to convince the victim to come to a specific place or take specific actions that will make it possible for the victim to be murdered.

Breaking in. For example, unlawfully sneaking into a home, property, or other place where the victim is or thought to be.

Constructing. This might include collecting all the materials necessary for the murder, such as the parts of a bomb, and starting to put them together.

Soliciting. For instance, paying or convincing someone else to commit the murder, or even convincing an unknowing person to carry out a key part of the crime, such as unknowingly planting a bomb.

The Intention: Specific Intent to Kill

A person cannot accidentally commit attempted murder. To be convicted of attempted murder, a prosecutor must show that the accused specifically intended to commit the crime. The prosecutor must show not only that the accused intended to kill, but also that the intent was to kill the specific victim.

A person who intends only to maim, frighten, or disfigure someone does not have an intent to kill. It can be difficult for the prosecutor to prove this point, but often, the circumstances of the crime lead naturally to this conclusion. For example, if the accused hit the victim in the head with a lead pipe, that alone may be enough to show intent to kill the person. On the other hand, hitting someone in the legs is less lethal and might not amount to attempted murder.

Are There Degrees of Attempted Murder?

Yes. First-degree attempted murder generally means the person intentionally, and with premeditation, tried to kill someone else; while second-degree attempted murder means the accused acted without premeditation or acted in a fit of passion.

States can vary as to how they categorize first- and second-degree murder. Attempted murder in the first degree might also include non-premeditated attempts to kill specific victims, such as trying to kill a law enforcement officer, hostage, or multiple victims. Second-degree murder might also include deaths that occur while the accused is committing another felony, such as arson or burglary.

What Is the Penalty for Attempted Murder?

Because murder is the most serious crime and has the most serious penalties associated with it, attempted murder is also punished very harshly. However, while some states allow the death penalty in murder cases, that punishment is not possible in attempted murder cases. Attempted murder is always a felony offense.

States vary in their approach to attempt penalties, but they're generally tied to the underlying charges. Some common punishments for attempt crimes include:

• imposing up to the maximum penalty for the underlying offense
• imposing up to half of the maximum penalty for the underlying offense
• decreasing the class or penalty level by one degree from that of the underlying offense, or
• imposing a maximum penalty based on the severity of the underlying offense (for instance, a maximum prison term of 9 years if the underlying offense had a maximum term of 20 years or more).

It's also common for state laws to impose separate penalties for attempted murder charges versus other attempted crimes, especially because murder penalties tend to be reflected in terms of life or death and not in terms of years.

Sentencing: How Much Time Can a Person Get for Attempted Murder?

In most states, the possible sentence for attempted murder depends on whether the defendant was found guilty of attempted murder in the first or second degree.

Penalties for Attempted Murder in the First Degree

Most states impose a sentence of life without parole or death for a first-degree murder conviction. For attempted first-degree murder, many states impose a life sentence and might include a mandatory minimum term, such as 20 or 25 years.

Some states, however, reduce the felony level by a degree for all attempt crimes (including attempted murder), which could result in a maximum penalty of, say, 10 to 30 years. But these states might also increase the possible mandatory minimum or maximum sentence based on whether aggravating factors were involved in the attempted murder, such as the defendant using a firearm or explosive, causing a victim great bodily harm, or targeting a law enforcement officer.

Penalties for Attempted Murder in the Second Degree

Second-degree murder convictions typically carry life sentences or any term of years. But state laws vary widely when it comes to convictions for attempted second-degree murder. These penalties can range anywhere from five years to life in prison. And some states impose the same penalties for attempted first-degree murder as attempted second-degree murder. For instance, Nevada makes first- and second-degree murder category A crimes, and the law decreases the category level by one degree for all offenses. This means both attempted murder degrees are category B felonies.

(Cal. Penal Code §§ 189, 664; 720 Ill. Comp. Stat. 5/8-4; Mich. Comp. Laws §§ 750.316, 750.317, 750.91, 750.92; Nev. Rev. Stat. §§ 193.153, 200.030 (2025).)

What Are Possible Defenses to Attempted Murder Charges?

The possible defenses to attempted murder charges will depend on the specifics of the case. A successful defense could result in an acquittal or reduction of the charges.

Lack of Intent or Perpetration

Some prosecutions fail because the state's attorney cannot prove beyond a reasonable doubt either or both elements of the charged offense—that the accused had the specific intent to kill someone and completed a direct step toward the killing. For instance, the defendant might argue they intended to scare or injure the victim but not kill that person. Or the defendant might claim that there's only proof of preparation to commit the crime, but no substantial step toward completion. Keeping a journal of murder plans without more, for example, isn't likely enough to show a direct step in committing murder.

Self-Defense or Defense of Others

Another defense strategy would be establishing that the defendant acted in self-defense to the alleged victim's threats of death or great bodily harm. Defendants can also act to protect others from the same level of harm.

Mistaken Identity

A defendant might argue that someone else should be facing attempted murder charges based on mistaken identity or false accusations. Having a strong alibi can back up a mistaken identity claim, as can discrediting any eyewitness who saw the crime and is trying to pin it on the defendant.

Renunciation or Abandonment

Some states allow for a "renunciation" defense, sometimes known as abandonment. This defense provides that, even though the accused committed at least one direct step, the accused later decided not to commit the murder. Unlike showing that the prosecution failed to adequately prove one of the elements, the accused must prove that the crime was abandoned and that they voluntarily and completely stopped any and all efforts to continue it or took steps to prevent the murder from occurring.

The abandonment defense won't work if the accused decided to postpone the crime or because they met unexpected resistance. Many states won't allow the defense if the accused caused any harm to the victim.

Impossibility Is Not a Defense

Most states have passed laws that abolish the impossibility defense, and in these states, it is not an accepted defense for any attempted crimes, including attempted murder. An impossibility defense is one where the accused doesn't deny having committed the acts, but instead claims that even if everything went to plan, there couldn't have been a murder anyway. For example, the accused might claim that the gun used in the attempt was a non-functioning replica, so the murder could never have happened.

What Is the Statute of Limitations for Attempted Murder?

Many states don't have a statute of limitations for murder, meaning prosecutors can file charges at any time. But the same isn't always true for attempted murder. Criminal statutes of limitations often specify time limits by criminal offense, such as murder, rape, kidnapping, and fraud. Unless the law indicates attempt crimes as well, these charges will fall under the general time limit for a felony offense, which might be as little as three or six years. Ohio is an example where there's no statute of limitations for murder, attempted murder, or conspiracy to commit murder. But before the law changed, attempted murder had a six-year time limit. (Ohio Rev. Code § 2901.13 (2025).)

Getting a Lawyer

For anyone who faces a potential attempted murder charge, speaking to an experienced attorney is crucial. Attempted murder is one of the most serious charges anyone can face, with the potential to ruin your life regardless of whether you are convicted. Talk to a criminal defense attorney or ask for a public defender as soon as possible.