• Top 1% of Defence Law Firms

  • Defended over 50,000 Cases

  • 5 star google reviews

  • 40 Years of Criminal Law Expertise

Criminal Defence Articles

What is the maximum sentence for attempted murder?

Murder Charges | Stuart Miller Solicitors

Facing charges of attempted murder can be an overwhelming and distressing experience. Attempted murder is among the most serious crimes under English law, carrying severe penalties that can have a lasting impact on your personal and professional life. It is crucial to seek the guidance of an experienced criminal defence solicitor as soon as possible. This article will provide a comprehensive overview of the offence, including what constitutes attempted murder, the maximum possible sentence, key points from the sentencing guidelines, and how a solicitor can assist in potentially reducing your sentence.

What is the offence of attempted murder?

Attempted murder in England involves an individual taking significant steps towards killing another person, without causing death. The key statute governing this offence is the Criminal Attempts Act 1981.

Under this legislation, attempted murder is defined as an attempt to commit murder, meaning the offender must have intended to kill and carried out significant acts towards achieving that aim. The prosecution must prove several elements to secure a conviction for attempted murder:

  • Firstly, there must be an intention to kill; recklessness or merely intending to cause serious harm is insufficient. This intention must be evident through the actions and words of the accused.
  • Secondly, there must be a significant and more than merely preparatory act towards committing the murder. This act must go beyond mere planning or preparation, indicating a clear step towards the crime.
  • Thirdly, the act must be proximate to the actual commission of the offence.
  • Lastly, there must be evidence of the direct steps taken towards the commission of murder, such as acquiring a weapon or lying in wait for the victim.

Examples of attempted murder include:

  • A person shoots a gun at another person with the intention to kill, but the bullet misses.
  • Stabbing someone multiple times with the intent to ensure their death, but the victim survives due to medical intervention.
  • Poisoning someone with the specific aim of causing death, but the intended victim survives after treatment.
  • Deliberately driving a car at high speed towards a pedestrian with the intent to kill, but the pedestrian escapes with injuries.
  • Strangling someone with the clear intention to kill, but stopping due to an interruption, leading the victim to survive.
  • Planting a bomb aimed at killing a specific individual, but the bomb fails to detonate as intended.
  • Hiring a hitman to kill someone, but the hitman is apprehended before carrying out the murder.
  • Physically beating someone severely with the intention that they die from the injuries, but the victim recovers.
  • Attempting to drown someone by holding them underwater, but they are rescued in time and survive.
  • Placing a deadly trap known to be in the path of a specific person with the intent to kill them, but the person avoids it.

What is the maximum sentence for attempted murder?

In England and Wales, the maximum sentence for attempted murder is life imprisonment. According to the Sentencing Council guidelines, the severity of the sentence will be influenced by various factors including the level of harm caused, the offender’s intention, and any aggravating or mitigating circumstances. While life imprisonment is the maximum penalty, the actual sentence handed down by the courts could vary significantly based on the specific details of the case. Sentencing may also take into account previous convictions, the use of weapons, and the level of premeditation involved in the attempted murder.

What factors influence the sentencing of attempted murder?

When sentencing for attempted murder, several factors influence the decision-making process. A judge will take into account a variety of elements, including the nature and severity of the offence, the harm caused or intended, and the circumstances surrounding the incident.

The main considerations can be categorised into aggravating and mitigating factors, along with guidance provided by the Sentencing Council.

Aggravating factors are circumstances that can increase the severity of the sentence. These may include:

  • Premeditation: The level of planning and deliberate intent to commit the act.
  • Use of a weapon: Whether a lethal weapon was used or involved in the commission of the crime.
  • Vulnerability of the victim: If the victim was particularly vulnerable due to age, disability, or other factors.
  • Previous convictions: Any prior history of similar criminal behaviour by the defendant.
  • Multiple victims: If more than one person was targeted or harmed during the incident.
  • Public context: If the crime was committed in a public place, increasing its impact on a wider audience.

Mitigating factors are conditions that might lessen the severity of the sentence. These can include:

  • Lack of prior criminal history: If the defendant has no previous convictions or a relatively minor criminal record.
  • Genuine remorse: Demonstrated remorse and acceptance of responsibility by the defendant.
  • Mental health issues: If the defendant was suffering from significant mental health issues at the time of the offence.
  • Provocation: If the defendant was provoked in a way that might explain their actions to some extent.
  • Cooperation with law enforcement: If the defendant has cooperated with the police and other authorities during the investigation.

The Sentencing Council guidance also provides a structured approach to ensure consistency and fairness in sentencing. Judges are advised to consider:

  • The seriousness of the offence: Taking into account both the harm caused and the culpability of the offender.
  • The offender’s personal circumstances: Considering factors such as age, health, and background.
  • Statutory guidelines: Ensuring the sentence falls within the legal framework established for such offences.
  • Sentencing ranges: Utilising the established ranges for sentencing, which are based on the specific details and gravity of the case.

Overall, the sentence for attempted murder hinges on a careful evaluation of both aggravating and mitigating factors, in addition to adhering to the standards and recommendations set out by the Sentencing Council. This comprehensive approach ensures that each case is assessed on its individual merits while maintaining a consistent legal standard.

How can a solicitor help with reducing the sentence for attempted murder?

A solicitor can play a crucial role in reducing the sentence for attempted murder. Attempted murder is a grave offence, and achieving a more favourable outcome in court necessitates expert legal representation. Here are the reasons why seeking a solicitor is essential, what qualities to look for in a solicitor, and what to expect during your initial meeting.

A solicitor can help in several ways:

  • They can negotiate with the prosecution and argue for lesser charges or reduced penalties during plea bargaining.
  • They can also prepare a strong defence by investigating the evidence, interviewing witnesses, and potentially finding procedural or factual inconsistencies that could weaken the prosecution’s case.
  • Furthermore, a solicitor can present mitigating factors to the court, such as demonstrating that the defendant has no prior criminal record, has shown genuine remorse, or has compelling personal circumstances that warrant a reduced sentence.
  • They offer critical emotional support, explain complex legal concepts and procedures, and help manage the stress associated with facing serious criminal charges.
  • A skilled solicitor can also facilitate better communication with the court and prosecutors, ensuring that the defendant’s rights are protected throughout the legal process.

When choosing a solicitor for an attempted murder case, look for someone with extensive experience in handling serious criminal cases. They should have a proven track record of successfully defending clients against severe charges. Specialisation in criminal law and a history of dealing with violent offences such as attempted murder is advantageous. It’s also important to consider their reputation within the legal community, their negotiation skills, and their ability to clearly and effectively communicate with clients.

When you first meet with a solicitor, you should expect a thorough initial consultation. The solicitor will review the details of your case, including any evidence, witness statements, and police reports. They will discuss the possible defences, explain your legal options, and give an honest assessment of the potential outcomes. This initial meeting is also an opportunity for you to gauge whether you feel comfortable with the solicitor’s approach and whether they are someone you can work closely with through the challenging process ahead.

During this meeting, be prepared to provide detailed information about the incident, any prior criminal history, and any personal circumstances that may be relevant to your defence. In summary, obtaining a solicitor for an attempted murder charge is critical for negotiating potential reductions in charges or sentences. When selecting a solicitor, focus on their experience, specialisation, and communication skills. Expect a detailed and informative initial consultation where the solicitor will outline your legal options and possible defences.

Where to get more help

Worries over the potential sentence for attempted murder can be overwhelming, and you likely have numerous pressing questions on your mind. For more support and advice on sentencing and other aspects related to the offence of attempted murder under English law, contact the team at Stuart Miller Solicitors today. Our approachable and impartial staff are available to assist with your case, regardless of your circumstances or guilt or innocence.

OUR COMMITMENTS TO YOU:

  • Responsive

    A legal expert will consult you within 24 hours of making an enquiry.

  • Empathetic

    We will always treat you with trust, understanding and respect.

  • Specialised

    Your case will be handled by an expert who specialises in your type of offence.

  • Proactive

    We will take early action to end proceedings as soon as it is practically and legally possible to do so.

  • Engaged

    You will be kept updated on your case at all times. We will provide a named contact available to answer your questions.

  • Caring

    We understand this is a difficult and stressful time for you and your family. Our team will support you every step of the way.

  • Tenacious

    We will never give up on your case. We fight tirelessly to get you the best possible outcome.

Google Rating
4.6
Based on 357 reviews
×
js_loader

Further Reading

Emergency?

Call 24 hours a day, 7 days a week.