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Second Degree Attempted Murder in WV

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#1 Bubba83


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Posted 19 June 2012 - 02:46 PM

What is the penalty for Second Degree Attempted Murder in WV?

#2 Tax_Counsel


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Posted 19 June 2012 - 04:06 PM

WV code section 61-11-8 provides the default sentences for attempted crimes. Unless some other statute says otherwise, when the crime attempted us a felony other than one that would be punished by life imprisonment, the penalty for the attempt is provided in subsection (2) as follows:

(2) If the offense attempted be punishable by imprisonment in the \r\npenitentiary for a term less than life, such person shall be guilty of a\r\n felony and, upon conviction, shall, in the discretion of the court, \r\neither be imprisoned in the penitentiary for not less than one nor more \r\nthan three years, or be confined in jail not less than six nor more than\r\n twelve months, and fined not exceeding five hundred dollars.
I didn't see any statute that provides a different penalty for attempted second degree murder, but that doesn't mean there isn't one, my search was pretty quick. You'd want to ask a WV defense attorney for specific advice on the possible penalties for the particular offense involved.

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