Attempted murder is the crime of trying to kill another person and failing, and it is punished almost as severely as murder itself. Under the general federal statute, a conviction carries up to 20 years in prison, and penalties can reach life imprisonment when aggravating factors are present or when the target is a protected official.1Office of the Law Revision Counsel. 18 USC 1113 – Attempt to Commit Murder or Manslaughter Most prosecutions happen in state court, where sentences routinely run into decades. To win a conviction, the prosecution has to prove two things beyond a reasonable doubt: that the defendant specifically intended to kill the victim, and that the defendant took a substantial step toward actually doing it.
The Intent to Kill
Specific intent is what separates attempted murder from other violent charges. The prosecution has to show the defendant consciously wanted to cause death, not just injury or fear. Someone who fires at another person’s legs meaning only to wound may face serious assault charges, but not attempted murder. The U.S. Supreme Court addressed this in Braxton v. United States (1991), holding that while a murder conviction can rest on reckless conduct, an attempt charge requires proof of a specific intent to kill.2Ninth Circuit District & Bankruptcy Courts. 16.5 Attempted Murder (18 USC 1113)
That rule has real consequences. If someone fires randomly into a crowd and no one dies, the recklessness by itself does not support an attempted murder conviction, even though the same conduct causing a death could sustain a murder charge. A desire to cause serious harm is not the same as a desire to kill, and appellate courts have overturned convictions where juries were not properly instructed on that distinction.2Ninth Circuit District & Bankruptcy Courts. 16.5 Attempted Murder (18 USC 1113)
Because no one can read a defendant’s mind, prosecutors rely on circumstantial evidence to prove intent. The type of weapon used, the location and severity of the wounds, statements made before or during the attack, and any prior planning all factor in. A defendant who announced the day before “I’m going to kill him” and then stabbed the victim in the chest presents a very different evidentiary picture than someone swinging in a spontaneous bar fight.
What Counts as a Substantial Step
Intent alone is not a crime. The defendant also has to take concrete action that moves past planning and into execution. The Model Penal Code, which many jurisdictions follow, calls this a “substantial step” strongly corroborative of the defendant’s criminal purpose.3Open Casebook. Model Penal Code 5.01 – Criminal Attempt Buying a knife at a hardware store is not an attempted murder. Buying that knife, driving to the victim’s workplace, and waiting in the parking lot is a different situation entirely.
Conduct courts have treated as a substantial step includes lying in wait for the victim, following or scouting them, luring the victim to a chosen location, possessing specialized materials with no plausible lawful use (a homemade silencer, poison in a container), and unlawfully entering a building where the attack is supposed to happen.3Open Casebook. Model Penal Code 5.01 – Criminal Attempt The question is whether the defendant moved from thinking about the crime to beginning to carry it out, and whether only outside intervention or luck kept the victim alive.
First-Degree and Second-Degree Attempted Murder
Most jurisdictions split attempted murder into degrees based on planning. First-degree attempted murder requires premeditation and deliberation, meaning the defendant thought about the killing beforehand and made a conscious decision to go through with it. The planning does not have to span days. Even a few moments of reflection before acting can qualify, as long as the decision was not purely impulsive.
Second-degree attempted murder covers intentional attempts that happen without advance planning. The classic example is someone who gets into a heated argument, grabs a kitchen knife, and stabs the other person in the chest. The intent to kill existed in the moment, but the act was not planned. Under federal law, both degrees carry a 20-year statutory maximum, though federal sentencing guidelines assign higher offense levels to premeditated acts.1Office of the Law Revision Counsel. 18 USC 1113 – Attempt to Commit Murder or Manslaughter State penalties vary considerably, and some states authorize life sentences for first-degree attempted murder.
Federal Penalties
The main federal attempted murder statute applies within special maritime and territorial jurisdiction, which covers federal lands, military bases, and certain other areas under exclusive federal authority. It sets a maximum of 20 years in prison, with a fine of up to $250,000 for an individual.1Office of the Law Revision Counsel. 18 USC 1113 – Attempt to Commit Murder or Manslaughter4Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine A separate federal provision covering assault with intent to commit murder also carries a 20-year maximum.5GovInfo. 18 USC 113 – Assaults Within Maritime and Territorial Jurisdiction
Penalties escalate sharply when the target is a government official. Attempting to assassinate a member of Congress, a cabinet official, a Supreme Court justice, or certain other high-ranking officials can result in imprisonment for any term of years up to and including life.6Office of the Law Revision Counsel. 18 USC 351 – Congressional, Cabinet, and Supreme Court Assassination, Kidnapping, and Assault
State penalties often exceed federal ones. Some states authorize life imprisonment for first-degree attempted murder, and many impose mandatory minimum sentences of 20 years or more. Because state frameworks vary so widely, the specific sentencing structure in the jurisdiction where the case is filed matters enormously.
Aggravators That Push the Sentence Higher
Firearm Use
Using a firearm during an attempted murder triggers mandatory additional prison time under federal law, and most states have similar provisions. Simply possessing a gun during the crime adds a mandatory five years. Brandishing it adds seven. Discharging it adds ten. These sentences run consecutively, stacking on top of the attempted murder sentence rather than running at the same time. Certain weapon categories (short-barreled rifles, assault weapons, machine guns, silencers) and prior federal firearms convictions push the mandatory add-ons much higher, in some combinations to life.7Office of the Law Revision Counsel. 18 USC 924 – Penalties
Hate Crime Motivation
When the attack is motivated by the victim’s race, religion, national origin, gender, sexual orientation, gender identity, or disability, federal hate crime law raises the stakes dramatically. A hate crime offense involving bodily injury ordinarily carries a 10-year maximum. When the offense includes an attempt to kill, the maximum jumps to life imprisonment.8Office of the Law Revision Counsel. 18 USC 249 – Hate Crime Acts The law covers bias based on actual or perceived characteristics, so the enhancement can apply even when the defendant was mistaken about the victim’s identity.
Prior Convictions
Criminal history is one of the most powerful sentencing factors. Prior violent felony convictions routinely trigger enhanced sentences, and many jurisdictions have “three strikes” laws that can impose life sentences on repeat offenders. Gang-related attempted murders also face additional enhancements in most states, as do attempts involving multiple victims or particularly vulnerable targets such as children or elderly individuals.
Transferred Intent and Kill Zones
Attempted murder does not require the defendant to have successfully targeted the intended victim. Under the doctrine of transferred intent, if you shoot at one person and hit a bystander, the intent toward the original target transfers to the person actually harmed. You can be charged with attempted murder of the intended target and additional offenses for the bystander, depending on the outcome.
A more complex variation is the “kill zone” theory, which applies when a defendant uses a method of attack designed to kill everyone in a particular area. Spraying gunfire into a crowd or detonating a bomb in a building are the classic examples. Under this theory, prosecutors can pursue attempted murder charges for every person within the zone of fatal harm, not just the primary target. Courts have set a high bar: the prosecution must show the method of attack was specifically designed to ensure the death of everyone in the area, and that the defendant knew other people were present.
Common Defenses
Lack of Specific Intent
The most frequently raised defense attacks the intent element. If the defendant can create reasonable doubt about whether they actually meant to kill, the attempted murder charge fails. The line between “I wanted to hurt them” and “I wanted to kill them” is where many of these cases turn. A single shot aimed low makes a stronger intent argument than a magazine emptied into the chest. Intoxication, while not a complete defense, can sometimes negate the capacity to form specific intent in jurisdictions that recognize that distinction.
Voluntary Abandonment
In jurisdictions following the Model Penal Code, a defendant who voluntarily abandoned the attempt before completing it may raise an affirmative defense. The abandonment has to reflect a genuine change of heart. If you drove to the victim’s house with a loaded gun and turned around because you decided killing was wrong, that could qualify. If you turned around because you saw a police car parked outside, it does not. The defense also fails if the renunciation was simply a decision to postpone the attack or switch to a different victim.
Impossibility
Legal impossibility can serve as a defense when the defendant believed they were committing a crime but their actions were not actually illegal. This is rare in attempted murder cases. Factual impossibility is not a defense. If you point a gun at someone and pull the trigger but the gun jams, the fact that you could not physically complete the killing does not protect you. You still had the intent and took the substantial step. The same applies to shooting into an empty bed believing the victim was sleeping there.
Self-Defense
A defendant who used deadly force to protect themselves from an imminent threat of death or serious bodily harm may claim self-defense. The force used must be proportional to the threat, the danger must have been imminent, and in most jurisdictions the defendant cannot have been the initial aggressor. A successful self-defense claim results in acquittal. The challenge is usually proving that the level of force was reasonable, especially when the response seems disproportionate to the threat.
Life After a Conviction
The damage from an attempted murder conviction extends well past the prison sentence. Federal law permanently prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Attempted murder is always a felony carrying well above one year, so this lifetime ban applies to every person convicted of the offense, and violating it is itself a separate federal crime.
Courts also impose mandatory restitution to the victim for costs resulting from the crime. Under federal law, this includes medical expenses for physical and psychological treatment, rehabilitation costs, and income the victim lost because of the offense.10Office of the Law Revision Counsel. 18 USC 3663A – Mandatory Restitution to Victims of Certain Crimes Restitution is not optional. The court must order it regardless of the defendant’s ability to pay, and the obligation can follow the convicted person for years after release.
Beyond the formal penalties, a convicted person typically faces supervised release or parole with strict conditions on where they can live, who they can contact, and whether they can leave the jurisdiction. Employment prospects after release are severely limited, since most background checks will flag a violent felony. Many states also restrict voting rights for people with felony convictions, though restoration processes vary. An attempted murder conviction reshapes nearly every aspect of a person’s life, often permanently.