Attempted murder is a serious crime, but the felony classification can be confusing. Prosecutors build an attempted murder case with two separate laws: the statute that defines “attempt” and the statute for the underlying murder offense.

Missouri’s Attempt Statute

Attempt charges in Missouri come from the general attempt statute, not from the specific murder law. Legally, you commit an attempt when you take a “substantial step” toward committing a crime while intending to carry out that crime. That action is more than planning or preparation. It’s an action that strongly shows what you meant to do.

Prosecutors might argue that means seeking out a weapon, traveling to a location, confronting someone, or beginning an assault count as a substantial step toward murder. Intent is one of the most important parts of the case—the state has to prove you meant to kill someone, not just harm them.

First-Degree vs. Second-Degree Attempted Murder

Missouri has two murder statutes: first-degree murder and second-degree murder. Attempted murder charges match the underlying degree that the prosecutor believes applies:

• Attempted first-degree murder requires proof that you deliberated and intended to kill someone. Deliberation means you thought about it beforehand, even briefly.

• Attempted second-degree murder involves knowingly trying to cause someone else’s death. The state doesn’t have to prove deliberation. Prosecutors tend to use this charge when the facts show an intention to kill, but not necessarily a plan.

Both types of attempted murder carry severe penalties. Attempt charges are punished one level lower than the underlying offense. Both first- and second-degree murder charges are Class A felonies, so attempted murder is a Class B felony.

How Prosecutors Build an Attempted Murder Case

Prosecutors review the evidence and look for three main elements:

1. Intent to kill: You can’t commit attempted murder accidentally or recklessly—you have to have intent to kill. Prosecutors might rely on statements, threats, what kind of force you used, or the overall circumstances to argue intent.

2. A substantial step: Next, the state has to show that your actions went beyond mere preparation, which can be difficult. Attempted murder defenses often focus on whether the “substantial step” the state points to actually shows movement toward killing someone, or whether it fits another, lesser offense.

3. Connection to the underlying murder statute: Prosecutors choose the degree of murder based on whether they believe the evidence supports deliberation or simply a knowing intent to kill.

Prosecutors might file multiple charges at the outset, then narrow them after reviewing the evidence or negotiating with the defense. However, these early charging decisions can influence your bond hearing and pretrial motions.

Common Defenses in Attempted Murder Cases

Every defense depends on the specific facts and evidence available. However, there are some common defenses to attempted murder charges:

• Challenging intent: If the evidence doesn’t clearly show you meant to kill someone, the charge may not hold. Sometimes the facts better support an assault charge rather than attempted murder.

• Arguing the step wasn’t substantial: Many cases hinge on whether the action counted as a “substantial step.” You may have been present, angry, or even fighting, but that doesn’t automatically mean that counts as a substantial step toward murder.

• Self-defense: If you acted to protect yourself, that directly affects whether the state can prove intent and unlawfulness.

• Challenging the evidence: Many attempted murder cases involve fast-moving situations and conflicting accounts. Any weaknesses in the evidence, like unreliable witnesses, can change the court or a jury’s perception.

Get an Experienced Defense Team on Your Side

Frank & Juengel Law Group P.C. represents people facing violent felony charges throughout the St. Louis area. If you’re dealing with an attempted murder charge, contact us to discuss your legal options.