An attempted murder charge is one of the most serious offenses to face in criminal law. Law enforcement and state prosecutors will spare no expense to investigate and prosecute you for this severe criminal offense. You should immediately retain a skilled criminal defense lawyer at Gemma & Karimi to protect your legal rights and obtain the best case result in your attempted murder case. The sooner you hire an attempted murder attorney, the more likely you will have a favorable outcome.
What is Attempted Murder in Indiana?
The crime of attempted murder can be charged when someone intends to commit murder and tries to carry out the killing but cannot. Ind. Code 35-41-5-1 states that someone attempts a crime when they engage in conduct that is a ‘substantial step’ to committing the act in full. In the case of an attempted murder, this may include any or all of the following:
- Lying in wait for the victim
- Enticing the victim to go to a location where the person intended to commit the crime
- Illegally entering a building or vehicle where the person intended to commit the crime
- Possessing objects to be used to commit the crime, such as a knife or gun
- Possessing materials at or near the place where they intended to commit the crime
A key to being convicted for first degree or second degree attempted murder is intent. The prosecutor must prove that you had an intent to kill for you to be convicted. Thus, to be convicted, the prosecutor must prove that you intended not only to injure, frighten, or cause pain, but to kill. Proving that someone intended to kill is difficult, and a skilled attempted murder attorney will attempt to raise a reasonable doubt on this point.
While the death penalty is not a possible punishment for attempted murder, there are severe penalties on the table.
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Attempted Murder Charges and Penalties
Attempted murder is a Level 1 felony in Indiana, and can be punished by 20 to 40 years in prison and a $10,000 fine. On the other hand, murder can be sentenced by 45 to 55 years in prison. Most Level 1 felony sentences are served in Indiana Department of Correction prisons, but the court has latitude to order sentences to be served in other facilities.
The court has the authority to allow some sentences to be served in home detention, work release, or to suspend part of the sentence to probation. For a Level 1 felony, the court can only suspend the part of the sentence over 20 years. For most people charged with attempted murder, avoiding prison is a priority.
The court’s latitude in imposing a sentence for Level 1 offenses provides Gemma & Karimi a chance to minimize the sentence and propose a structured punishment to reduce its effect on your life. Working with a seasoned criminal defense lawyer allows exploring alternatives to a lengthy prison sentence, possibly including home detention or work release, in some instances.
Furthermore, while the law proposes a maximum $10,000 fine for an attempted murder conviction, it also provides the court discretion when imposing a fine. This discretion also offers your attorney a chance to minimize the financial costs. The difference between being ordered to pay a hefty fine or having some of it suspended can more than pay your legal expenses for a strong, persuasive defense.
Defenses Against Attempted Murder Charges
Being accused of the serious charge of attempted murder is scary, but there are potential defenses to explore in a free consultation with your attempted murder defense lawyer.
Insanity Defense
A possible defense to attempted murder charge is the insanity defense. This defense states that you were not in a sound mental state when you attempted to kill the intended victim. Thus, you could not have had an intent to kill.
An insanity defense requires proving that you were mentally ill or had an incapacity. This is difficult to prove, so you should immediately retain an experienced attempted murder defense lawyer.
Self-Defense and Other Defenses
Indiana recognizes the right to self-defense according to Ind. Code 35-41-3-2, which is known as the Stand Your Ground Law. A person is allowed to use ‘reasonable force,’ including lethal force, if they think it’s necessary to prevent serious bodily harm or death to themselves or another party. There is no duty to retreat in Indiana if you are legally present and not engaged in a crime.
For this defense to work, the defendant must show that their belief of imminent harm was reasonable and their response was proportional to the threat. For example, if the alleged victim attacked you first, your actions could be justified.
Mistaken Identity
The prosecutor must prove beyond a reasonable doubt that you were the person who committed the alleged crime. This is a high bar to clear, and your defense attorney may argue mistaken identity. Eyewitnesses may have made an error identifying you, or the surveillance footage may have been difficult to interpret. The witnesses may have mistaken you for a similar-looking person.
Lack of Intent
The prosecution must prove that you intended to cause death to the victim. If the evidence states that you acted impulsively or recklessly without the intent to kill, it may undermine the the attempted murder charge. For instance, if you brandished a knife to intimidate rather than kill, your attorney may argue you lacked intent to commit murder. There was no specific intent to kill. In this case, you might be convicted for a lesser offense, such as assault, battery, or criminal recklessness.
Alibi Defense
An alibi defense means that you were not present at the crime scene when it occurred. This defense requires your attorney to use strong evidence, such as eyewitness statements, surveillance video, or physical evidence to show where you were when the alleged crime happened.
Working with the Best Attempted Murder Lawyer in Indiana
Hiring an accomplished criminal defense attorney is critical to prove that you did not have an intent to kill. A defendant should also work with the best attempted murder lawyer in Indiana if charged with first degree murder, involuntary manslaughter, and other felony crimes. Avoiding severe penalties, including life imprisonment, is your attorney’s specialty.
Frequently Asked Questions
A defendant being charged with attempted murder is intimidating, and you may have other questions. Common questions Gemma & Karimi receive about attempted murder charges include:
Attempted murder does not have a statute of limitations in Indiana. This is because it is a Level 1 felony, and state law sets no limit on prosecuting severe felonies where there is specific intent to kill.
Attempted murder is not necessarily a federal crime. However, it can be in some instances. Usually, murder and attempted murder cases are handled under state law. But attempted murder may be classified as a federal crime if someone tries to kill a federal official or engages in such an act across state lines.
In Indiana, you can be sentenced to 20 to 40 years for an attempted murder conviction. However, state law allows considerable discretion to the court in sentencing, so you should retain a seasoned criminal defense attorney to fight for a more lenient sentence.
Yes. The prosecution must prove the defendant’s guilt beyond a reasonable doubt, so it is possible to build a strong defense to beat an attempted murder charge. Your criminal defense lawyer will work hard to defend this charge robustly.
State law states that the defendant acted with intent to commit an overt act when they acted with the intent to commit murder. Also, they engaged in conduct that is a substantial step to committing murder. A substantial step means that you took a significant action toward committing the crime, such as stabbing with the intent to kill.
Yes, an attempted murder charge can be reduced or dismissed. A charge reduction is possible with plea bargaining if the defendant agrees to plead guilty to a lesser offense, such as aggravated battery.
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