How long you get for attempted murder runs from a few years to life in prison. Under federal law the statutory ceiling is 20 years, but the sentencing guidelines routinely produce recommended ranges well above that floor for premeditated attempts, and separate enhancements can stack additional mandatory time on top. Most cases are prosecuted in state court, where first-degree attempted murder can carry life and second-degree attempts typically fall somewhere between 5 and 20 years. The number a judge actually lands on depends on the degree charged, the weapon used, the injury caused, and the defendant’s prior record.
State Sentences Are Where Most Cases Land
The vast majority of attempted murder prosecutions happen in state court, and ranges differ dramatically from one state to the next. First-degree attempted murder, which requires premeditation, carries the harshest penalties. Many states authorize sentences up to and including life in prison for premeditated attempts. Second-degree attempted murder covers intentional but unplanned acts and typically carries a lower range, often between 5 and 20 years depending on the jurisdiction.
How the sentence is structured also varies. Some states use indeterminate sentencing, where a judge imposes a range such as 15 to 30 years and a parole board decides actual release. Others use determinate sentencing, where the judge sets a fixed term that can be adjusted by good-behavior credits. A handful of states impose mandatory minimums, meaning the judge has no discretion to go below a set number of years no matter the circumstances. Two people convicted of essentially the same conduct in different states can face very different outcomes because of these structural differences.
Federal Sentences: 20-Year Cap, But the Guidelines Drive the Number
Federal attempted murder charges arise in limited circumstances, mainly crimes committed on federal land, military installations, or against certain protected officials. The core statute, 18 U.S.C. § 1113, sets a maximum of 20 years in prison for attempted murder.1Office of the Law Revision Counsel. 18 USC 1113 – Attempt to Commit Murder or Manslaughter An attempted assassination of certain high-ranking government officials carries a statutory maximum of life imprisonment.
The 20-year cap is a ceiling, not a floor. Federal judges calculate a recommended range using two inputs: an offense level that reflects the seriousness of the crime, and a criminal history category that reflects the defendant’s past. The intersection produces a recommended range in months.
Under Guideline § 2A2.1, the base offense level is 33 if the crime would have constituted first-degree murder and 27 for all other attempts.2United States Sentencing Commission. 2A2.1 – Assault With Intent to Commit Murder; Attempted Murder For a first-time offender (Criminal History Category I) at level 33, the sentencing table recommends 135 to 168 months, or roughly 11 to 14 years. The same offense level for someone in Category VI, the highest tier, jumps to 235 to 293 months, about 20 to 24 years. For a non-premeditated attempt at level 27, a first-time offender faces 70 to 87 months (roughly 6 to 7 years), while Category VI faces 130 to 162 months (about 11 to 13.5 years).3United States Sentencing Commission. 2025 Guidelines Manual – Sentencing Table
Judges can depart from these recommendations, but they must explain why. The guidelines are not mandatory, but they exert enormous gravitational pull on federal sentences.
What Pushes the Sentence Up
Aggravating factors move a sentence toward the upper end of whatever range applies. Under the federal guidelines, discharging a firearm during the offense adds five levels to the base offense, brandishing one adds three, serious bodily injury adds five, and permanent or life-threatening injury adds seven.4United States Sentencing Commission. 2007 Federal Sentencing Guidelines – 2A2.2 Aggravated Assault
Victim vulnerability also matters. Targeting a child, an elderly person, or someone with a disability is treated as more serious in both federal and state systems. Committing the crime for financial gain, in a domestic violence context, or in a way that endangered bystanders can also justify a harsher sentence. Judges look at whether the defendant was already on bail or probation when the offense happened.
Firearm Enhancements
Because so many attempted murder cases involve guns, firearm enhancements deserve special attention. Federal law under 18 U.S.C. § 924(c) imposes mandatory consecutive prison terms when a firearm is used during a violent crime. Simply possessing a firearm during the offense adds a minimum of five years on top of the underlying sentence. Brandishing raises the mandatory add-on to seven years, and discharging it raises it to ten.5Office of the Law Revision Counsel. 18 USC 924 – Penalties These terms run back-to-back with the attempted murder sentence, not concurrently, so they can add a full decade to total time served. Most states have their own firearm enhancement statutes that work similarly.
Terrorism Enhancement
When an attempted murder is connected to terrorism, federal sentencing shifts into a different gear. Under Guideline § 3A1.4, a terrorism-related offense gets a 12-level increase, with a floor of level 32. The defendant’s criminal history is automatically set to Category VI regardless of actual prior record. For someone who would otherwise be a first-time offender at offense level 33, the terrorism enhancement could push the recommended range to 360 months to life.
Criminal History and Three Strikes
A defendant’s record is one of the most consequential inputs in any sentencing calculation. The federal guidelines assign points based on prior convictions and place defendants into one of six categories.6United States Sentencing Commission. 2025 Guidelines Manual – Chapter 4 Criminal History and Criminal Livelihood The difference between Category I and Category VI at the same offense level can be more than 100 months of additional prison time.
For defendants with especially long records, the federal three-strikes law under 18 U.S.C. § 3559(c) can trigger mandatory life imprisonment. It applies when someone is convicted of a “serious violent felony” and has two or more prior convictions for serious violent felonies or serious drug offenses. Attempted murder and assault with intent to commit murder both qualify.7Office of the Law Revision Counsel. 18 US Code 3559 – Sentencing Classification of Offenses Many states have their own habitual offender statutes that work similarly.
What Pulls the Sentence Down
Mitigating factors give the judge reasons to sentence at the lower end of the range. A defendant who played a minor role, such as a lookout or driver rather than the person who carried out the attack, may qualify for a reduced offense level under the federal guidelines’ provisions for minimal or minor participants.8United States Sentencing Commission. Aggravating and Mitigating Role Adjustments Acting under severe emotional distress or provocation can also count, as can a history of abuse by the victim against the defendant. Neither is a defense, but both can move the needle at sentencing.
Other mitigating factors include the defendant’s age or mental health at the time, a lack of prior criminal history, and genuine remorse. If the defendant tried to get medical help for the victim after the failed attempt, judges tend to view that favorably. Stacking several mitigating factors together can meaningfully reduce the final number.
Plea Bargains Change the Math
Most attempted murder cases never go to trial. Plea bargains resolve the vast majority of these charges, and the negotiated outcome often looks very different from what the guidelines would produce after a trial conviction.
In a sentence bargain, the defendant pleads guilty to attempted murder in exchange for a specific, lower prison term. A prosecutor might agree to recommend 15 years instead of the 20 or more a trial conviction could produce. The judge is not bound by the recommendation but usually follows it.
Charge bargaining goes further. The defendant pleads guilty to a less serious offense, such as aggravated assault, and the sentence comes from that lesser crime’s range, which can be dramatically shorter. Intent is often the hardest thing to prove in attempted murder, so a case with shaky evidence on that element is more likely to produce a favorable offer. The trade-off is certainty: a defendant who rejects a plea and loses at trial typically faces a longer sentence than what was offered.
Time Announced Versus Time Served
The number a judge announces in court is not necessarily the time a defendant spends behind bars. In the federal system, prisoners can earn up to 54 days of credit per year for good behavior.9Office of the Law Revision Counsel. 18 US Code 3624 – Release of a Prisoner At the maximum credit rate, a 20-year sentence could be reduced by roughly two and a half years. There is no federal parole, but federal sentences for attempted murder are followed by a mandatory term of supervised release, up to three years for a Class C felony.10Office of the Law Revision Counsel. 18 US Code 3583 – Inclusion of a Term of Supervised Release After Imprisonment Violations during that period can send a person back to prison.
State systems work differently. Many states still have parole, so a parole board can release a prisoner before the full sentence is served. Some states also award good-time or earned-time credits at rates more generous than the federal system. The gap between the sentence imposed and the time actually served can be substantial.
Fines and Restitution Come On Top
Prison is the headline penalty, but a conviction can also bring significant financial consequences. Under federal law, an individual convicted of a felony faces fines of up to $250,000.11Office of the Law Revision Counsel. 18 US Code 3571 – Sentence of Fine Restitution is a separate obligation. The Mandatory Victims Restitution Act requires defendants convicted of crimes of violence to reimburse victims for the full extent of losses caused by the crime, including medical bills, rehabilitation, psychiatric treatment, and lost income.12Office of the Law Revision Counsel. 18 US Code 3663A – Mandatory Restitution to Victims of Certain Crimes Restitution goes directly to the victim and cannot be discharged in bankruptcy.