Federal Attempted Murder

18 U.S.C. § 1113 - Attempt to Commit Murder or Manslaughter

Murder and manslaughter are among the most serious crimes in the United States. An often overlooked aspect is what happens when someone attempts these crimes but doesn't succeed.

Federal law establishes that attempting murder within U.S. jurisdiction can be charged as a federal offense.

Federal laws impose strict penalties for criminal homicide, including the death penalty for federal murder or manslaughter.

When such cases are prosecuted federally, they tend to attract significant public attention.

Federal law enforcement agencies and prosecutors often face pressure to conclude their investigations and secure indictments. 

As a result, innocent individuals may sometimes be federally indicted for murder or manslaughter by aggressive prosecutors eager to resolve homicide cases swiftly and satisfy critics.

Homicide refers to any killing of a human by another person, but not all instances are illegal — for example, killing in self-defense. Criminal homicide, however, specifically refers to unlawful killings.

Legal Definition of Murder and Manslaughter

Federal law under 18 U.S.C. § 1111 defines murder as "the unlawful killing of a human being with malice aforethought." The statute covers acts like lying in wait and any willful, deliberate, malicious, and premeditated killing. It distinguishes between first-degree and second-degree murders.

Federal law under 18 U.S.C. § 1112 characterizes manslaughter as "the unlawful killing of a human being without malice." Additionally, a prosecutor can pursue two different types of manslaughter charges in federal court.

This law covers voluntary manslaughter, defined as homicide committed "upon a sudden quarrel or heat of passion," and involuntary manslaughter, which occurs "in the commission of an unlawful act, not a felony, or without due caution of a lawful act that might cause death." 

Our federal criminal defense lawyers will discuss this topic in detail, highlighting information that could be crucial if you've been federally charged with attempting to commit murder or manslaughter.

Comparison of Murder and Manslaughter

To fully grasp the scope and implications of 18 U.S.C. § 1113, it's essential to understand what defines murder or manslaughter. Both offenses involve one person killing another, with the key difference being the presence or absence of intent.

Murder, according to 18 U.S.C. § 1111, refers to the deliberate and premeditated act of killing another individual. It is divided into two different degrees of severity.

First-degree murder involves any killing carried out with premeditated intent or during the commission of a premeditated felony, such as arson, kidnapping, treason, espionage, sexual abuse, child abuse, burglary, or robbery. 

Second-degree murder involves intentionally causing a death without premeditation, often resulting from reckless conduct or malice. Examples include killing in response to provocation or assault, and any intentional murder that was not planned.

What Defines Manslaughter?

In contrast, manslaughter, as defined by 18 U.S.C. § 1112, involves killing another person without malice or intent. It also includes two different forms:

• Voluntary manslaughter applies when a death occurs unintentionally during an act that could reasonably cause harm, like recklessly firing a gun in public, which results in death. It also includes the unintentional killing of a cheating spouse in a moment of passion.
• Involuntary manslaughter refers to cases where a reckless or criminally negligent act causes someone's death. For instance, driving under the influence of drugs or alcohol that results in a fatality, or hitting someone fatally because of negligent texting while driving.

State Crimes Compared to Federal Crimes

Both murder and manslaughter — including attempted murder and manslaughter - are generally prosecuted by state authorities.

However, in specific cases, federal prosecutors may assume jurisdiction and bring the case to federal court. Reasons why attempted murder or manslaughter charges might become federal include:

• The attempted crime took place on federal property,
• State lines were crossed in an attempt to commit the crime,
• The crime was attempted on a body of water,
• The attempted crime occurred in an airplane or at an airport,
• A federal law was violated while attempting to commit murder or manslaughter.

Additionally, the identity of the murder or manslaughter victim can determine if the case falls under federal jurisdiction.

Possible victims include elected officials, such as the president or members of Congress, federal judges, and federal law enforcement personnel, such as F.B.I. agents.

What Are the Potential Penalties?

18 U.S.C. § 1113 specifies the penalties for federal convictions. Unlike other federal offenses, the punishments for attempts are generally lighter than for completed crimes.

The statute specifies that attempting to commit murder results in a maximum of 20 years in federal prison and substantial fines. Attempting to commit manslaughter entails fines and a maximum of 7 years in prison.

What Are the Related Federal Crimes? 

• 18 U.S.C. § 1111 - Murder
• 18 U.S.C. § 1112 - Manslaughter
• 18 U.S.C. § 1114 - Protection of employees of the United States
• 18 U.S.C. § 1115 - Misconduct or neglect of ship officers
• 18 U.S.C. § 1116 - Murder or manslaughter of foreign officials
• 18 U.S.C. § 1117 - Conspiracy to murder
• 18 U.S.C. § 1118 - Murder by a federal prisoner
• 18 U.S.C. § 1119 - Foreign murder of United States nationals
• 18 U.S.C. § 1120 - Murder by escaped prisoners
• 18 U.S.C. § 1121 - Killing persons aiding Federal investigations
• 18 U.S.C. § 2113 - Bank robbery and related offenses
• 18 U.S.C. § 111 -  Assault on a federal officer
• 18 U.S.C. § 351 - Murder of elected officials
• 18 U.S.C. § 1512 - Killing to influence the outcome of a court case
• 18 U.S.C. § 2280 - Murder Aboard a ship
• 18 U.S.C. § 36 - Drive-by-shooting
• 18 U.S.C. § 2248 - Murder related to rape, child molestation
• 18 U.S.C. § 1958 - Murder for hire
• 18 U.S.C. § 1716 - Murder by mail

What Are the Available Legal Defenses?

If you are federally charged under 18 U.S.C. § 1113, the potential strategies are outlined below.

The attempted murder might have been an act of self-defense, defending others, or protecting your property.

It's also possible that you never intended to commit murder or manslaughter, or that you abandoned your plans before taking any step toward committing the crime.

The alleged attempted murder or manslaughter could be linked to legal insanity. Alternatively, the act might have been driven by provocation or a perceived threat.

If charged with attempted murder, you could argue a lack of malicious intent, potentially reducing the charge to attempted manslaughter.

Each case is unique. The best way to determine the most effective strategy for your situation is to consult an experienced lawyer.

To safeguard your legal rights and potentially avoid a conviction for murder or manslaughter, you need a defense attorney with extensive federal criminal case experience. Ultimately, nothing replaces experience when aiming for the best possible outcome.

Eisner Gorin LLP, a federal criminal defense law firm based in Los Angeles, offers legal assistance for federal charges nationwide. To schedule an initial consultation, contact us by phone or through the contact form.

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