In order to charge someone with attempted murder the state has to prove beyond a reasonable doubt that it was the purpose of the defendant to cause the death of the victim. The law states that a person is guilty of attempted murder if:

<!--The defendant purposely acted in a manner that was intentional to cause the death of the victim if the attendant circumstances were that a reasonable person would believe them to be.

<!--When causing a particular result in an element of the crime: The defendant omitted or did something with the purpose of causing death of the victim without more conduct on his/her part.

<!--When the defendant purposely omitted or did something which “under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his/her causing the death of the victim.

English law states that an attempted murder falls within the Criminal Attempts Act 1981 and is an indictable offense that carries a maximum penalty of life imprisonment, which the same penalty is given for a successful murder.

Unlike murder, attempted murder requires the evidence of intent to kill. Murder requires intent to kill or cause grievous bodily harm.  Attempted murder is the planning of the murder and the acts to get there, not the actual killing, which is then a charge of murder. Because it’s only the planning of a murder it makes the offense more difficult to prove which makes it more common to receive a lesser charge.

When considering the charge, prosecutors will consider any alternative verdicts that may be open to a jury on the allegation of attempted murder.

The following factors may help prove the intention to kill: (1) selection and the use of a deadly weapon; (2) calculated planning; (3) the severity or duration of an attack; (4) threats; and (5) admissions that are relevant in interviews.