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https://www.shouselaw.com/nevada/attempted-murder.html#2

Attempt murder as a category B felony carries two to twenty (2 - 20) years in state prison. The judge will impose an additional one to twenty (1 - 20) years if either:

the defendant used a deadly weapon, or the victim was age 60 or older

That's 40 years.

https://www.shouselaw.com/nevada/murder.html#4

Death penalty (only if there are aggravating circumstances that outweigh any mitigating circumstances), or Life in prison without the possibility of parole, or Life in prison with the possibility of parole after 20 years, or 50 years in prison with the possibility of parole after 20 years

That's 20 years unless you get life (which only about half do).

Why is attempted murder More likely to get 40 years?

I think it's because the attempted murder victim would be around to annoy the police therefore the sentence must be longer.

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  • 3
    The premise of this question is based an assumption that life in prison with a possibility of parole after 20 years is equivalent to a 20 year sentence, which is incorrect. Consider, for example, the rules governing parole for a person sentenced to 21 to 40 years for attempted murder: the portion of that sentence during which there is no possibility of parole seems to be zero years, though I suppose that isn't actually the case, depending on the laws governing parole.
    – phoog
    Jun 13, 2020 at 17:28
  • Also, the idea that the reason for this incorrect assumption is "because the attempted murder victim would be around to annoy the police therefore the sentence must be longer" defies logic and, I assume, may be pretty offensive to anybody who has been a victim of attempted murder.
    – A.fm.
    Jun 14, 2020 at 0:19
  • I am a victim of attempted murder and its great
    – user31975
    Jun 14, 2020 at 2:28

1 Answer 1

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Murder carries certain penalties, and attempted murder is distinguished from murder only with respect to penalty. Without the circumstances allowing execution, the punishments are life without parole, life with possible parole after 20 years, or a definite term of 50 years with possible parole after 20. There are separate "enhancements" for crimes against elders or use of a deadly weapon, and if these circumstances exist, they are applicable to both murder and attempted murder. In all cases of enhancements, the enhancement cannot exceed the penalty for the crime (also, it runs consecutively). The punishment for attempted murder is not the same as the punishment for murder: since murder is a class A felony, attempted murder is defined as a class B felony, which has a penalty between 2 and 20 years. Compare that to actual murder which carries a minimum sentence of 50 years. In no case can a person committing actual murder serve less time than a person attempting murder, even with "enhancements".

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  • Your post directly contradicts itself
    – user31975
    Jun 13, 2020 at 17:50
  • Murder carries certain penalties, and the law treats attempted murder the same as successful murder
    – user31975
    Jun 13, 2020 at 17:51
  • The punishment for attempted murder is not the same as the punishment for murder
    – user31975
    Jun 13, 2020 at 17:51
  • 1
    You seem to still hold the same misconception shown in the question. The minimum sentence for murder is 50 years, the maximum sentence for attempted murder is 40 years, therefore a murder conviction cannot receive a lower sentence than an attempted murder conviction. @user31975 the law clearly treats actual murder and attempted murder differently, as explained in the answer, and attempted murder has variable penalties, not certain penalties.
    – user4657
    Jun 13, 2020 at 21:54
  • You fixed the contradictions
    – user31975
    Jun 14, 2020 at 0:16

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