Attempted homicide is a severe type of crime involving an intent to kill another person. The accused must take a step toward killing to be convicted of an attempted homicide offense.
Attempted homicide is also defined as the aborted or failed attempt to murder another person. It consists of an action and intention. It occurs when a person displays reckless and deliberate behavior with extreme disregard for human life.
The bail for attempted homicide is different in each state and jurisdiction, depending on the factors surrounding the arrest for attempted homicide.
The Action and The Intention
The prosecutor must prove that the accused took a direct step in preparing to commit the crime of homicide.
The following types of actions are qualifying factors and are defined as an action toward attempted murder:
- Luring the victim to a specific place.
- Soliciting – convincing someone else to commit the murder.
- Stalking, ambushing, or tracking the victim down, then attempting murder.
- Collecting the necessary materials to commit the murder.
Homicide Charges Classifications
Like murder, attempted homicide is classified into several categories:
- First-degree attempted homicide.
- Second-degree attempted homicide.
- Voluntary manslaughter.
- Involuntary manslaughter.
- Other types of attempted homicide.
The Bail for Attempted Homicide
The bail amount is different for every type of homicide charge. A judge determines the attempted murder bail amount, in court on a bail schedule. The judge will consider the following factors when making the decision on a total bail amount:
- If the accused was caught in the act.
- There’s evidence of previous criminal history.
- The likelihood of the defendant fleeing the state and/or country.
The bail for first-degree attempted murder can be up to $1 million and if convicted, the accused can receive a life sentence without parole.
The bail for second-degree attempted murder usually is in the range of $10,000. If convicted of this crime, the accused can spend up to 15 years in prison. This type of charge can be elevated to a first-degree felony if a deadly weapon was used in the crime.
The penalties for attempted homicide vary based on a lot of factors, including the defendant’s criminal record, the flight risk, previous murder charges, additional factors like driving under the influence of drugs or alcohol, whether more people were involved in the crime, etc.
Most states do not make a distinction between attempted first-degree and second-degree murder, but rather set a sentencing range, which classifies attempted murder as a category B felony. The crime is sentenced as such in all circumstances, except when the defendant uses poison.
A category B felony is usually punished with up to 20 years in prison.
What Would Add More Time to a Prison Sentence
Many states consider additional factors in determining how much jail time someone will see if they are convicted of attempted murder. These states add more time to a prison sentence if the attempted murder was committed under certain circumstances. These circumstances involve:
- Injury to a member of law enforcement.
- Discharging a firearm, or the defendant was armed with a deadly weapon.
- Causing bodily injury with a firearm.
Depending on the surrounding circumstances of the case, a judge might add an additional 10 to 20 years in prison.
Next Steps After Being Arrested for Attempted Homicide
After the judge has set a total bail amount, you should contact a local, reputable bail bond company. A bail bond agent will post bond on your behalf in exchange for a non-refundable fee that is equal to 10% of the total bail amount. This bond is a type of “surety bond” and is a guarantee to the courts that the defendant will appear in court at the time of the trial.
If you have a total bail amount set, you can use our online attempted homicide bail bond calculator to determine the fee you’ll need to pay a bail bond agent to post bond on your behalf.
In addition to working with a bail bondsman, it is important to find a good defense lawyer. A defense lawyer will work with you to prepare your case for trial. Only a qualified professional can give you legal advice on the next steps for your specific case.