PC §102(A) - ATTEMPTED MURDER
CLASS C FELONY
(a) Definition
Attempted murder is defined as the intentional and unlawful act of attempting to kill another person with premeditation and malice aforethought, but without completing the act.
(b) Elements of the Offense
To prove attempted murder, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant took a direct step towards killing another person.
The defendant acted with premeditation and intent to kill.
The defendant's actions were unlawful and without legal justification or excuse.
The defendant's actions, if completed, would have resulted in the death of the victim.
(c) Defenses
Defenses to a charge of attempted murder may include, but are not limited to:
Lack of intent: The defendant did not have the intent to kill the victim.
Lack of premeditation: The defendant did not plan or contemplate the killing in advance.
Impossibility: The defendant's actions, even if completed, would not have resulted in the death of the victim.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Use of a deadly weapon or instrumentality in the commission of the attempted murder.
Prior convictions for violent offenses.
Motive, such as revenge, financial gain, or other nefarious purposes.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
480 SECONDS OF JAIL TIME.
BOND SET
$400,000.00
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