Some people think that when a murder goes wrong, and the victim does not die, that the perpetrator will not face any murder charges – this is wrong. Attempted murder is a serious conviction with two specific elements: the defendant had the intent to murder the victim and the victim must not have died. There must have been a direct act, which if having worked correctly, would have actually resulted in the death of the victim. Therefore, a direct act does not constitute just thinking about killing someone, but taking a very deliberate action to do so.
If a defendant is found guilty of attempted murder, they face a felony conviction. This conviction can either be first-degree or second-degree. First-degree means that the murder was premediated, while second-degree means that it was not. However, in either case, there still have to be intent to kill and a direct act in that moment. If found guilty of a first-degree charge, the defendant faces a life sentence in state prison. However, if convicted of second-degree attempted murder, the penalties include only up to nine years in state prison. According to the three strikes law, as the number of strikes (read: felonies) increases, so do your punishments. If someone has been wrongly accused of attempted murder, they must not hesitate in seeking the counsel of an experienced criminal lawyer.