There is no single minimum sentence for attempted murder in the United States. Penalties are set state by state, and the floor swings widely: some jurisdictions start second-degree attempted murder around two to five years, while first-degree attempted murder can carry up to life in prison with the possibility of parole. Federal attempted murder charges are far less common and cap out at 20 years. What a defendant actually faces depends on the jurisdiction, the degree charged, the specific facts, and the defendant’s prior record.
Degree Sets the Floor
Most states split attempted murder into degrees that track the distinction between first- and second-degree murder. First-degree attempted murder requires premeditation and deliberation. Second-degree covers intentional attempts to kill that happen without advance planning.
The gap matters at sentencing. States that classify first-degree attempted murder at the highest felony level often allow sentences up to life in prison with the possibility of parole. Second-degree attempted murder typically carries a range closer to five to fifteen years, though the exact numbers differ by state. A handful of states don’t split the offense into degrees at all, using a single broad range and leaving judges to calibrate to the facts.
Some states follow the Model Penal Code approach, which generally treats an attempt as an offense one grade below the completed crime. Under that framework, attempting a first-degree felony like murder is graded as a second-degree felony. Other states reject that approach and treat attempted murder nearly as seriously as a completed killing, especially when the victim suffered severe injuries.
Whether a mandatory minimum applies depends on the state. Some legislatures have set a specific number of years the judge cannot go below regardless of circumstances. Others give the judge broad discretion within the statutory range, guided by sentencing guidelines that recommend a starting point based on offense severity and prior record.
The Federal Numbers
Federal attempted murder charges are uncommon because most violent crime falls under state jurisdiction. They typically arise in narrow settings: an attempt on a federal officer or employee, a crime committed on federal property such as a military base or national park, or an act connected to terrorism. The statute covering most federal attempted murder cases caps the sentence at 20 years in prison, a fine, or both.1Office of the Law Revision Counsel. 18 USC 1113 – Attempt to Commit Murder or Manslaughter That 20 years is a ceiling, not a floor.
The actual number a federal judge lands on comes from the sentencing guidelines. The base offense level for federal attempted murder is 33 if the crime would have been first-degree murder, or 27 otherwise.2United States Sentencing Commission. USSG 2A2.1 – Assault with Intent to Commit Murder; Attempted Murder For a first-time offender, that works out to roughly 11 to 14 years at the higher level and about 6 to 7 years at the lower one.3United States Sentencing Commission. 2024 Federal Sentencing Table Prior convictions push those numbers up significantly.
Federal judges must also weigh statutory factors: the seriousness of the offense, the need to protect the public, the defendant’s personal history, and the goal of avoiding unwarranted disparities between similar defendants.4Office of the Law Revision Counsel. 18 U.S. Code 3553 – Imposition of a Sentence State judges apply their own jurisdiction’s version of these considerations, though the broad themes are similar across the country.
What Pushes the Sentence Higher
Certain circumstances reliably drive attempted murder sentences toward the top of the range, and in many jurisdictions they trigger mandatory enhancements that raise the effective minimum.
- Firearm use. Using a gun during an attempted murder triggers additional prison time in most jurisdictions. Many states add a fixed number of years on top of the base sentence, and some make those years mandatory. Firing the weapon or injuring someone with it increases the enhancement further.
- Severity of injuries. A victim who suffered permanent disability, disfigurement, or life-threatening harm gives the court strong reason to impose a longer sentence. Some sentencing guidelines formally tie the injury level to specific increases in the recommended range. Under the federal guidelines, permanent or life-threatening injuries add four offense levels, and a murder-for-hire adds another four.2United States Sentencing Commission. USSG 2A2.1 – Assault with Intent to Commit Murder; Attempted Murder
- Vulnerable victims. Targeting a child, elderly person, or someone with a disability is treated as an aggravating factor in virtually every jurisdiction. Under the federal guidelines, a vulnerable victim adds two offense levels to the sentence calculation.
- Prior criminal history. A defendant with prior violent felony convictions can face dramatically longer sentences, including potential life imprisonment under habitual offender or three-strikes statutes.
- Hate crime motivation. If the attempt was motivated by the victim’s race, religion, national origin, gender, sexual orientation, or disability, federal sentencing guidelines add three offense levels. Many states have their own hate crime enhancement statutes that operate similarly.5United States Sentencing Commission. 2018 Chapter 3 – Adjustments
What Can Bring the Sentence Down
Mitigating factors can move a sentence toward the lower end of the range, though they rarely eliminate serious prison time for a crime of this severity.
- No prior record. A defendant with a clean criminal history typically starts at a significantly lower guideline range than someone with prior convictions and is more likely to receive a sentence near the bottom of the statutory range.
- Duress or provocation. Evidence that the defendant acted under extreme emotional disturbance, significant provocation, or coercion from another person can influence the judge’s assessment of appropriate punishment. It doesn’t excuse the crime.
- Mental health conditions. A documented mental illness or cognitive impairment at the time of the offense may lead to a reduced sentence, particularly if it affected the defendant’s ability to appreciate the wrongfulness of the conduct.
- Minor role. A defendant who played a limited role in a larger scheme, such as a lookout or driver rather than the person who carried out the attack, may receive a lower sentence than the primary actor.
- Acceptance of responsibility. Defendants who plead guilty and demonstrate genuine remorse can receive a reduction under the federal guidelines. State judges often view this favorably as well.
Sentence Imposed vs. Time Actually Served
The number a judge announces in court and the number of years a defendant spends behind bars are often different, and that difference is what determines the real minimum.
In the federal system, prisoners can earn up to 54 days of good-time credit for each year of their sentence by following institutional rules and making progress toward educational goals. Even with maximum good-time credit, federal inmates must serve at least 85 percent of their imposed sentence before becoming eligible for home confinement or release.6Office of the Law Revision Counsel. 18 U.S. Code 3624 – Release of a Prisoner Federal parole was abolished in 1987 for offenses committed after November 1 of that year, so the 85 percent floor is effectively what governs time served in the federal system.
State rules vary more. Over two dozen states adopted truth-in-sentencing laws requiring violent offenders to serve at least 85 percent of their sentence, often as a condition of receiving federal grant funding.7Bureau of Justice Statistics. Truth in Sentencing in State Prisons Other states still allow parole eligibility after serving a smaller fraction of the sentence, sometimes as low as one-third or one-half. The practical result is that a 20-year sentence might mean 17 years behind bars in one state and 7 in another.
Plea Bargains Change the Real Minimum
Most attempted murder cases are resolved through plea agreements rather than trials, and the plea is often where the minimum actually gets set.
These agreements take two main forms. In a charge bargain, the defendant pleads guilty to a less serious offense, such as aggravated assault, which carries a lower sentencing range than attempted murder. In a sentence bargain, the defendant pleads guilty to the original charge, but the prosecutor agrees to recommend a specific sentence lighter than what might follow a trial conviction. Judges aren’t bound by the prosecutor’s recommendation, but it carries weight.
A less common option is the Alford plea, where a defendant formally pleads guilty while maintaining innocence. The defendant accepts the punishment as though guilty but does not admit to committing the crime. Unlike a no-contest plea, an Alford plea counts as a formal guilty plea and can be used against the defendant in future legal proceedings. Not every state allows Alford pleas, and even where they’re permitted, accepting one requires approval from both the prosecutor and the judge.
Whether to accept a plea deal is one of the highest-stakes decisions in criminal defense. Turning down a reasonable offer and losing at trial often results in a significantly harsher sentence than what was on the table. Defendants with strong defenses may rationally decide to take their chances before a jury. The calculus depends heavily on the strength of the evidence, the jurisdiction’s sentencing range, and the defendant’s risk tolerance.