An attempted murder charge is one of the most serious offenses to face in criminal law. Law enforcement and state prosecutors will spare no expense to investigate and prosecute you for this severe criminal offense. You should immediately retain a skilled criminal defense lawyer at Gemma & Karimi to protect your legal rights and obtain the best case result in your attempted murder case. The sooner you hire an attempted murder attorney, the more likely you will have a favorable outcome.
What is Attempted Murder in Indiana?
The crime of attempted murder can be charged when someone intends to commit murder and tries to carry out the killing but cannot. Ind. Code 35-41-5-1 states that someone attempts a crime when they engage in conduct that is a ‘substantial step’ to committing the act in full. In the case of an attempted murder, this may include any or all of the following:
- Lying in wait for the victim
- Enticing the victim to go to a location where the person intended to commit the crime
- Illegally entering a building or vehicle where the person intended to commit the crime
- Possessing objects to be used to commit the crime, such as a knife or gun
- Possessing materials at or near the place where they intended to commit the crime
A key to being convicted for first degree or second degree attempted murder is intent. The prosecutor must prove that you had an intent to kill for you to be convicted. Thus, to be convicted, the prosecutor must prove that you intended not only to injure, frighten, or cause pain, but to kill. Proving that someone intended to kill is difficult, and a skilled attempted murder attorney will attempt to raise a reasonable doubt on this point.
While the death penalty is not a possible punishment for attempted murder, there are severe penalties on the table.

Facing Attempted Murder charges in Indianapolis?
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Attempted Murder Charges and Penalties
Attempted murder is a Level 1 felony in Indiana, and can be punished by 20 to 40 years in prison and a $10,000 fine. On the other hand, murder can be sentenced by 45 to 55 years in prison. Most Level 1 felony sentences are served in Indiana Department of Correction prisons, but the court has latitude to order sentences to be served in other facilities.
The court has the authority to allow some sentences to be served in home detention, work release, or to suspend part of the sentence to probation. For a Level 1 felony, the court can only suspend the part of the sentence over 20 years. For most people charged with attempted murder, avoiding prison is a priority.
The court’s latitude in imposing a sentence for Level 1 offenses provides Gemma & Karimi a chance to minimize the sentence and propose a structured punishment to reduce its effect on your life. Working with a seasoned criminal defense lawyer allows exploring alternatives to a lengthy prison sentence, possibly including home detention or work release, in some instances.
Furthermore, while the law proposes a maximum $10,000 fine for an attempted murder conviction, it also provides the court discretion when imposing a fine. This discretion also offers your attorney a chance to minimize the financial costs. The difference between being ordered to pay a hefty fine or having some of it suspended can more than pay your legal expenses for a strong, persuasive defense.
Defenses Against Attempted Murder Charges
Being accused of the serious charge of attempted murder is scary, but there are potential defenses to explore in a free consultation with your attempted murder defense lawyer.
Insanity Defense
A possible defense to attempted murder charge is the insanity defense. This defense states that you were not in a sound mental state when you attempted to kill the intended victim. Thus, you could not have had an intent to kill.
An insanity defense requires proving that you were mentally ill or had an incapacity. This is difficult to prove, so you should immediately retain an experienced attempted murder defense lawyer.
Self-Defense and Other Defenses
Indiana recognizes the right to self-defense according to Ind. Code 35-41-3-2, which is known as the Stand Your Ground Law. A person is allowed to use ‘reasonable force,’ including lethal force, if they think it’s necessary to prevent serious bodily harm or death to themselves or another party. There is no duty to retreat in Indiana if you are legally present and not engaged in a crime.
For this defense to work, the defendant must show that their belief of imminent harm was reasonable and their response was proportional to the threat. For example, if the alleged victim attacked you first, your actions could be justified.
Mistaken Identity
The prosecutor must prove beyond a reasonable doubt that you were the person who committed the alleged crime. This is a high bar to clear, and your defense attorney may argue mistaken identity. Eyewitnesses may have made an error identifying you, or the surveillance footage may have been difficult to interpret. The witnesses may have mistaken you for a similar-looking person.
Lack of Intent
The prosecution must prove that you intended to cause death to the victim. If the evidence states that you acted impulsively or recklessly without the intent to kill, it may undermine the the attempted murder charge. For instance, if you brandished a knife to intimidate rather than kill, your attorney may argue you lacked intent to commit murder. There was no specific intent to kill. In this case, you might be convicted for a lesser offense, such as assault, battery, or criminal recklessness.
Alibi Defense
An alibi defense means that you were not present at the crime scene when it occurred. This defense requires your attorney to use strong evidence, such as eyewitness statements, surveillance video, or physical evidence to show where you were when the alleged crime happened.
Working with the Best Attempted Murder Lawyer in Indiana
Hiring an accomplished criminal defense attorney is critical to prove that you did not have an intent to kill. A defendant should also work with the best attempted murder lawyer in Indiana if charged with first degree murder, involuntary manslaughter, and other felony crimes. Avoiding severe penalties, including life imprisonment, is your attorney’s specialty.
Frequently Asked Questions
A defendant being charged with attempted murder is intimidating, and you may have other questions. Common questions Gemma & Karimi receive about attempted murder charges include:
Attempted murder occurs when a person, acting with the specific intent to kill, takes a substantial step toward committing the crime of murder. It is not enough to just plan it; you must have taken a direct action to carry it out.
A substantial step is an action that strongly corroborates the intent to kill, such as lying in wait for a victim, firing a weapon at someone, or stabbing a victim in a vital area. Mere preparation or threats are usually not enough because the act must go beyond planning.
Yes, attempted murder is a Level 1 Felony in Indiana. This is the second-highest level of criminal charge possible and ranks just below actual murder in severity.
A conviction for a Level 1 Felony carries a prison sentence of 20 to 40 years, with an advisory sentence of 30 years. You may also face fines up to $10,000 in addition to the prison term.
There is no statute of limitations for attempted murder in Indiana. Because it is a Level 1 Felony, the state can bring charges against you at any time, even decades after the alleged event occurred.
Intent is the most critical element because the prosecutor must prove you had the specific intent to kill, not just to injure or scare the victim. If the defense can show you only intended to cause bodily harm rather than death, the charges may be reduced or dismissed.
Yes, it is common for skilled defense attorneys to negotiate a reduction to Aggravated Battery (Level 3 Felony) or Battery with a Deadly Weapon (Level 5 Felony). This usually happens if the prosecution’s evidence regarding intent to kill is weak.
Common defenses include lack of intent, arguing you did not intend to kill the victim, or self-defense, arguing you were protecting yourself from imminent serious bodily injury or death. Other defenses include abandonment, where you voluntarily stopped the attempt before the crime was committed, or mistaken identity.
You must remain silent and do not speak to police or investigators without an attorney present because anything you say can be twisted to prove intent. Contact an experienced Indianapolis criminal defense lawyer immediately to preserve evidence and protect your rights.
Bail is possible but often set very high due to the violent nature of the charge. An attorney can argue for a reasonable bond amount or release conditions, but judges scrutinize Level 1 Felony cases heavily.
The difference lies in the intent, as attempted murder requires proof you wanted the victim to die. Aggravated battery only requires proof that you knowingly or intentionally inflicted serious bodily injury and carries significantly lower penalties of 3 to 16 years.
No, while injury is common, it is not strictly required. For example, firing a gun at someone and missing can still result in an attempted murder charge if the state can prove you intended to hit and kill them.
Generally, no, because Level 1 Felonies involving serious bodily injury or deadly weapons are typically ineligible for expungement in Indiana. This makes fighting the initial charge critical to your future.
If the act was committed under sudden heat, which is intense emotion caused by provocation, the charge might be reduced to Attempted Voluntary Manslaughter. This is a Level 2 Felony that carries a sentence of 10 to 30 years.
Attempted murder cases often hinge on technical legal arguments about specific intent and local court procedures. A local attorney like Gemma & Karimi knows the Marion County prosecutors and judges, understands local jury tendencies, and can spot weaknesses in the police investigation that out-of-town lawyers might miss.
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