Other Criminal Charges & Offenses 2nd degree attempted murder vs. Attempted murder?
- Thread Starter Cola87
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mightymoose
Moderator
The degree has nothing to do with the injury, it has to do with intent.
army judge
Super Moderator
Across the US the various states have established degrees of crimes.
Those degrees go to the severity of ana particular offense.
An attempted crime was meant originally to address a miscreant who failed to accomplish his misdeed, as in a person who was caught before he burglarized a home, or before he completed an armed robbery.
In many jurisdictions, people accused of a crime, say burglary, are often allowed to plead to the "attempt" to commit the crime.
In those jurisdictions, an attempt to commit a burglary is punishable by up to half of the maximimum for committing the crime.
In your example, OP, a simple way to look at any attempt is that is a lesser or included version of the crime itself.
Murder (the degree aside) versus attempted murder.
By the way, the victim can be dead, and the perpetrator can end up pleading or being convicted of attempted murder, versus murder (degree aside).
Those degrees go to the severity of ana particular offense.
An attempted crime was meant originally to address a miscreant who failed to accomplish his misdeed, as in a person who was caught before he burglarized a home, or before he completed an armed robbery.
In many jurisdictions, people accused of a crime, say burglary, are often allowed to plead to the "attempt" to commit the crime.
In those jurisdictions, an attempt to commit a burglary is punishable by up to half of the maximimum for committing the crime.
In your example, OP, a simple way to look at any attempt is that is a lesser or included version of the crime itself.
Murder (the degree aside) versus attempted murder.
By the way, the victim can be dead, and the perpetrator can end up pleading or being convicted of attempted murder, versus murder (degree aside).
army judge
Super Moderator
It would be very unusual for a person that shot someone in the leg, as opposed to the brain, to be charged with attempted murder.
That would more likely be an aggravated assault, or an aggravated battery, perhaps a form of maiming, etc...
Rarely would such an act be charged as attempted murder, even in Napoleonic code based Louisiana.
That would more likely be an aggravated assault, or an aggravated battery, perhaps a form of maiming, etc...
Rarely would such an act be charged as attempted murder, even in Napoleonic code based Louisiana.
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