Attempted murder

Attempted first degree murder.

Attempted first degree murder is a substantial step, beyond mere preparation, toward the commission of murder in the first degree. In order to convict the defendant of attempted murder in the first degree, the State must prove:

(1) that the defendant took a substantial step, beyond mere preparation, toward the commission of murder in the first degree;

(2) that the defendant had the apparent ability, at that time, to commit the crime of murder in the first degree; and

(3) that the defendant willfully, and with premeditation and deliberation, intended to kill (name).

Willful means that the defendant actually intended to kill (name). Deliberate means that the defendant was conscious of the intent to kill. Premeditated means that the defendant thought about the killing and that there was enough time, though it may only have been brief, for the defendant to consider the decision whether or not to kill and enough time to weigh the reasons for and against the choice.

Attempted second degree murder.

Attempted second degree murder is a substantial step, beyond mere preparation, toward the commission of murder in the second degree.  Second degree murder does not require premeditation or deliberation. In order to convict the defendant of attempted murder in the second degree, the State must prove:

(1) that the defendant took a substantial step, beyond mere preparation, toward the commission of murder in the second degree;

(2) that the defendant had the apparent ability, at that time, to commit the crime of murder in the second degree; and

(3) that the defendant actually intended to kill (name).

Source: Maryland Criminal Pattern Jury Instructions; MPJI-Cr 4:17.13


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