Attempted Murder in Maryland: Definition, Degrees, and Penalties
Attempted murder is the State's answer to a shooting or stabbing where the victim survives. Maryland charges it in two degrees, and the exposure is enormous: up to life imprisonment for attempted first degree murder and up to 30 years for attempted second degree murder. This page covers the legal definition, what separates attempted murder from first degree assault (usually charged in the same indictment), and where these cases are defended.
The Definition of Attempted Murder
An attempt has three elements under Maryland's pattern jury instruction (MPJI-Cr 4:17.13):
- a specific intent to kill;
- a substantial step toward the killing that goes beyond mere preparation; and
- the apparent ability, at that time, to commit the crime.
All three matter. Intent to seriously injure is not enough; the State must prove the defendant intended death. And talk alone is not enough; under the Model Penal Code test Maryland adopted in Young v. State, the conduct must strongly corroborate a criminal purpose. Buying a weapon or talking about violence, standing alone, sits on the preparation side of the line. For how Maryland handles attempt liability generally, see our post on attempted crimes.
The intent-to-kill rule that wins these cases
Maryland's highest court held in State v. Earp that an intent to inflict grievous bodily harm, which can support a murder conviction when the victim dies, is legally insufficient for attempted murder. In State v. Selby the court went further: even lying in wait cannot substitute for proof of a specific intent to kill. A brutal injury is not automatically attempted murder. The State can ask the jury to infer intent to kill from the harm inflicted, but the defense answers that inference with the angle of the wounds, the number of blows, what was said, and when the attack stopped.
First vs. Second Degree Attempted Murder
The degrees track the murder statutes they attach to:
| Charge | Statute | What it requires | Maximum penalty |
|---|---|---|---|
| Attempted first degree murder | CR Section 2-205 | Specific intent to kill plus premeditation and deliberation | Life imprisonment |
| Attempted second degree murder | CR Section 2-206 | Specific intent to kill without premeditation | 30 years |
Premeditation does not require a long-planned scheme; it requires that the defendant had time to reflect, even briefly, and decided to kill. That is why the fight over degree is often a fight over seconds: an ambush reads as premeditated, an eruption mid-fight often does not. Background on the underlying homicide charges is on our first degree murder and second degree murder pages.
Attempted Murder vs. First Degree Assault
Nearly every attempted murder indictment also charges first degree assault, and the difference between them decides decades:
- First degree assault (CR Section 3-202) requires intent to cause serious physical injury, or an assault with a firearm. Maximum: 25 years.
- Attempted murder requires intent to kill.
Same shooting, same evidence, two very different intents. A jury that believes the defendant meant to hurt but not to kill should convict of assault, not attempted murder. Wound placement, number of shots or blows, statements before and after, and whether the defendant stopped or fled all become intent evidence. This is the central battleground in most trials.
A firearm-based case also typically carries use of a firearm in a crime of violence, with its 5-year consecutive mandatory minimum.
Defenses in Attempted Murder Cases
- No intent to kill. The State's proof of intent is usually circumstantial. The defense presses the gap between a violent act and a lethal purpose.
- Identity. Surviving victims of sudden violence make identifications under the worst possible conditions. Cross-racial identification, lighting, stress, and suggestive procedures are all challengeable.
- Self-defense. Where the defendant faced deadly force, responding with deadly force can be justified. Imperfect self-defense, an honest but unreasonable belief in the need for deadly force, can negate the malice needed for murder-track offenses.
- No substantial step. Preparation, even sinister preparation, is not an attempt.
- Voluntary abandonment. Walking away before the substantial step is complete matters both legally and at sentencing.
What Happens Procedurally
Attempted murder is charged by indictment in Circuit Court, tried to a jury unless waived, and treated as a crime of violence for bail, parole, and firearm purposes. Expect a held-without-bond argument at the bail review, extensive discovery including medical records and ballistics, and a trial calendar measured in months. Early defense investigation, before witnesses lock in their accounts, is worth more in these cases than in almost any other charge.
Frequently Asked Questions
What is the sentence for attempted murder in Maryland?
Attempted first degree murder carries up to life imprisonment under CR Section 2-205. Attempted second degree murder carries up to 30 years under CR Section 2-206.
What is the legal definition of attempted murder?
A specific intent to kill combined with a substantial step toward the killing that goes beyond mere preparation. Intent to injure, even seriously, is not sufficient.
Is attempted murder worse than first degree assault?
Yes, in exposure: life or 30 years versus 25 years. The two are usually charged together, and the fight over which intent the defendant had, to kill or to injure, is the core of the trial.
Can attempted murder charges be reduced?
Yes. Common outcomes include conviction on first degree assault instead of attempted murder where intent to kill is not proven, or a negotiated plea to assault with the attempted murder count dropped.
Facing an Attempted Murder Charge?
These cases are won in the intent evidence and lost in the first police interview. Say nothing, and get counsel to the bail review. Contact FrizWoods for an immediate, confidential consultation. Our Maryland murder defense page covers the homicide side of the practice.