Attempted Murder Defense

Attempted first-degree murder in Illinois requires the State to prove, beyond a reasonable doubt, that the defendant performed a substantial step toward the killing of another person and that the act was performed with the specific intent to kill. That second element — specific intent — is the part of the case that prosecutors most often overcharge and most frequently fail to prove. Intent to injure is not enough. Intent to threaten is not enough. Reckless or knowing conduct, no matter how dangerous, is not attempted murder.

In many of the cases we defend, the underlying conduct is more accurately described as aggravated battery, aggravated discharge of a firearm, or even reckless conduct — each of which carries dramatically lower sentencing exposure than attempted murder. The work of the defense is to draw that line clearly for the prosecutor, and if necessary for the jury, and to make sure the case is resolved at the level the actual evidence supports rather than the level the charging instrument claims.

Illinois law recognizes self-defense and defense of others as complete defenses to a charge of attempted murder. When the use of force was reasonable in light of an immediate threat, and was proportional to that threat, the State cannot meet its burden of proof. The challenge is to present the defense in a way that is credible to a jury — through the defendant's testimony when appropriate, through corroborating witnesses, and through the physical evidence that supports the account.

Where a complete defense is not realistic, the path forward often runs through lesser-included offenses. Aggravated battery with a firearm is a Class X felony but does not require proof of intent to kill. Aggravated discharge of a firearm is a Class 1. Lesser charges still carry meaningful exposure, but they preserve options that attempted murder removes — including, in some cases, probation or significantly reduced custodial time. We pursue those reductions early, in negotiation, and we instruct the jury on them at trial when it serves the client.

Attempted murder cases are tried more often than most other felonies, because the difference between conviction and acquittal — and between attempted murder and a lesser-included offense — is often more than a defendant can rationally accept in a plea. We approach every attempted murder case as a trial case, even when our goal is to negotiate, because the credibility of the negotiation depends on it.

That means preparing every witness, mapping every cross-examination, drafting every motion in limine, and preparing the trial exhibits long before the trial date is set. It means picking a jury with the same care we would bring to a homicide trial. And it means presenting a coherent, complete defense theory from voir dire through closing — not a series of attacks on the State's case, but an affirmative account of what actually happened that gives the jury permission to acquit.