2 police officers shot in North East Charlotte

[Davidson Deac II]

I think there are legal semantics. First degree murder is premeditated and you can easily get life/the chair. But second degree murder and voluntary manslaughter carry pretty similar sentences to non-premeditated attempted murder (2nd degree attempted murder in most states.)

 

I was referring to the difference between attempted murder and actual murder.  If you tried to kill someone, should you get a lower sentence just because you missed? 

[Happy Panther]

I was referring to the difference between attempted murder and actual murder.  If you tried to kill someone, should you get a lower sentence just because you missed? 

What I am saying is the sentences aren't that different if you assume no premeditation.

[Davidson Deac II]

What I am saying is the sentences aren't that different if you assume no premeditation.

 

From what I read on the Criminal Code site for north carolina, first degree murder is a class A felony, second degree is class B, and attempted murder of either kind is classified as a class B2 felony.  Which means no life in prison or death penalty can be assigned for attempted murder.  The maximum range of the sentence is different as well.  It does say that the a different classification can be stated, which I assume means if the prosecutor decides the crime warrants it, then the crime can be pursued as a class B or A felony. 

 

Of course I am not a lawyer, and I don't know how the rules are actually applied, but on the surface, it seems that attempted murder gets less of a sentence than actual murder. 

[Happy Panther]

From what I read on the Criminal Code site for north carolina, first degree murder is a class A felony, second degree is class B, and attempted murder of either kind is classified as a class B2 felony.  Which means no life in prison or death penalty can be assigned for attempted murder.  The maximum range of the sentence is different as well.  It does say that the a different classification can be stated, which I assume means if the prosecutor decides the crime warrants it, then the crime can be pursued as a class B or A felony. 

 

Of course I am not a lawyer, and I don't know how the rules are actually applied, but on the surface, it seems that attempted murder gets less of a sentence than actual murder. 

 

 

 

The point is that attempted murder is badly labeled. First degree is a specific crime that requires premeditation while attempted murder encompasses attempted any type of homicide from first degree down to involuntary manslaughter. So you can't just compare "murder: to attempted murder. If the shooter had killed the guy he may have been charged with involuntary manslaughter which is a class D or F I can't remember.

 

And before 2013 second degree murder was a class B2 so the sentencing would have been the same as attempted murder. It was moved to B1 just recently.