Attempted Murder Charges in Pennsylvania: What Prosecutors Must Prove

As a criminal defense attorney with over 30 years of experience, I’ve defended clients across Pennsylvania, including Philadelphia County, against major felony charges. Here’s what you need to know if you or a loved one is facing a charge of attempted murder.

🔹 What Is Attempted Murder in Pennsylvania?

Attempted murder is charged when a person:

(1) takes a substantial step toward causing the death of another person,
(2) with the specific intent to kill.

This falls under two statutes:

• 18 Pa. C.S. § 901 (Criminal Attempt)

• 18 Pa. C.S. § 2502 (Murder Definitions)

You can be charged even if:

• No one was seriously injured

• The victim survived

• A weapon was never discharged

What matters most is intent and action toward committing the crime.

🔹 Examples of Attempted Murder

Common fact patterns that lead to charges include:

• Shooting at someone but missing

• Stabbing someone in a vital area, but they survive

• Hiring someone to kill another person (conspiracy + attempt)

• Laying in wait with a weapon and attacking but failing to kill

• Driving a car into a crowd deliberately

🔹 Penalties for Attempted Murder

Attempted murder is graded based on the type of murder it would have been:

• Attempted First-Degree Murder:

  Intentional, premeditated attempt to kill
  Penalty: Up to 40 years in prison

• Attempted Second-Degree Murder:

  Occurs during the commission of another felony (e.g., robbery)
  Penalty: Also up to 40 years

• Attempted Third-Degree Murder:

  Unintentional but reckless conduct; extremely rare as an “attempt”
  Penalty: Less severe, but still a felony

🔹 Defenses to Attempted Murder Charges

Even when the facts seem clear, the prosecution still has the burden of proof. Common defenses include:

✅ Lack of intent to kill — maybe intent was to injure or scare, not kill
✅ Self-defense — you acted to protect yourself or someone else
✅ Mistaken identity — the wrong person was arrested
✅ Insufficient evidence — especially if no weapon was recovered
✅ Attempt was never actually made — mere preparation is not enough

If the prosecutor can’t prove both intent and a substantial step, the case may be dismissed or reduced.

🔹 Facing Attempted Murder? You Need Immediate Legal Help

These charges carry the potential for decades behind bars. Whether you acted in self-defense, were falsely accused, or the facts have been exaggerated, early legal representation can make the difference between freedom and a life-altering conviction.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.