People sometimes assume that criminal charges for attempted crimes are less severe than charges for completed crimes, but this is not true. You may face similarly graded charges for attempted murder as you would for completed murder. Not only that, but you can be charged with attempted murder even if no weapon is involved.
Murder charges do not require that a defendant use a weapon to complete the crime. Similarly, that isn’t a requirement for attempted murder charges either. Attempted murder generally requires that the defendant take a substantial step toward committing the crime, and a weapon does not have to be involved. If a weapon is involved, but it is suppressed and excluded from the case, you stand a better chance of defending yourself. However, convictions can hold up in court without a weapon.
Receive a private, free legal review from our Philadelphia murder defense lawyers when you call Kenny, Burns & McGill at (215) 423-5500.
Can I Be Charged with Attempted Murder in Pennsylvania if No Weapon Was Used?
Violent crimes like murder are often associated with deadly weapons. However, a weapon is not necessarily required to be charged. You may be charged with murder or even attempted murder if no weapon was involved.
Attempted Murder Without a Weapon
To be charged with attempted murder, or criminal attempt, a defendant must intend to commit a crime and perform a “substantial step” toward the commission of that crime.
The key to being charged with attempted murder is intending to commit murder and doing something that is considered a substantial step toward completing the murder. The law does not require that a weapon be present during the substantial step or that the victim was even touched or assaulted.
Even if a defendant plans to use a weapon to complete the murder, they do not have to use a weapon during the substantial step to be charged with attempted murder. Many attempted murder charges also involve strangling or pummeling a person with your bare hands nearly to the point of death.
Charges for Attempted Murder
Although attempted murder is generally considered less serious than actual murder, criminal charges may be graded the same. Under Pennsylvania law, criminal attempt charges are graded the same as if the charges were completed.
For example, if you are charged with attempted murder, your charges will be the same as for actual murder. As such, attempted murder charges, with or without a weapon, are likely to be extremely serious felonies.
Suppression of Evidence of a Weapon
Not all evidence is admissible in court. If the police seize certain evidence illegally, it may be suppressed and excluded from the case. This begs the question, can I still be charged with attempted murder if there was a weapon, but it was seized illegally, and now the prosecutor cannot use it against me?
The answer is, you can probably still be charged, but it will be harder for prosecutors to meet their burden of proof with such a key piece of evidence now missing. This is especially true if the weapon’s existence is key to the nature of the alleged attempted crime.
For example, if the prosecutors claim you attempted to shoot the victim, but evidence of the firearm has been excluded from the trial, they find it extremely difficult or impossible to prove the charges.
Can I Challenge Attempted Murder Charges if There is No Weapon?
If there is no weapon, defendants may be in a better position to argue that they never intended to attempt the alleged crime at all. However, this varies from case to case, and you should speak to your lawyer about possible defense strategies.
Likelihood of Success
A defendant must be proven to have taken a substantial step toward the alleged murder to be charged with attempted murder. Generally, attempted murder charges may be graded the same as actual murder charges. However, if the substantial step is highly unlikely to succeed or cause any real harm, our Pennsylvania murder defense lawyers may argue that the charges should be dismissed.
No Substantial Step
Another way to challenge attempted murder charges that lack a weapon is to argue that there was no substantial step toward completing the crime. This is a common defense in criminal attempt cases, but it may be especially strong in an attempted murder case where there is no weapon.
It is arguably harder to commit the crime of murder without a weapon. If no weapon is present in your case, a jury may be far less inclined to believe that you intended to commit the crime or completed a substantial step.
Impossible Crime
The fact that a defendant does not know that a crime is impossible to commit is not a defense to criminal attempt. However, the impossibility of the crime may cast doubt on the defendant’s alleged intent to commit a crime. After all, why would someone try to commit a crime that is clearly impossible?
The lack of a weapon may be key to this defense. If the crime could not have been completed or even attempted without a weapon, prosecutors may find it impossible to prove their claims.
FAQs About Attempted Murder Charges in Pennsylvania When No Weapon is Involved
Can I Be Charged with Attempted Murder if No Weapon is Used?
Yes. Attempted murder charges do not require that a weapon be used because the actual crime of murder does not necessarily need a weapon. The only requirements are an intent to commit the murder and a substantial step toward carrying it out.
How Can I Be Charged with Attempted Murder if There is No Weapon?
You may still be charged with attempted murder without a weapon if prosecutors believe that you did not need or plan to use a weapon to commit the crime. Many murders are carried out with no weapons, so charges for attempted murder could still stand in court, depending on the other evidence.
How Can I Fight Attempted Murder Charges?
Attempted murder charges require that prosecutors prove that a defendant intended to commit a crime and took a substantial step toward committing the crime. If either of these elements lacks evidence, prosecutors may not secure a conviction. We can raise doubt about your alleged intent or undermine evidence of any substantial step.
Can I Suppress Evidence of a Weapon in an Attempted Murder Case?
Possibly. If the police seized a weapon from your private property without a search warrant, and they cannot prove that a valid exception to the warrant requirement exists, the evidence of the weapon may be illegal. We can file pretrial motions to suppress illegally obtained evidence, which cannot be used against you in court.
Are Charges for Attempted Murder Less Serious Than Murder Charges?
While most people might assume that attempted murder charges are not as serious because the crime is incomplete, charges may be graded the same as they would be for actual murder. This means attempted murder charges are generally the same as murder charges, and you may face significant prison time.
Call Our Pennsylvania Murder Defense Attorneys for Help Immediately
Receive a private, free legal review from our Montgomery County, PA criminal defense lawyers when you call Kenny, Burns & McGill at (215) 423-5500.
