Wichita Bail Bonds Blog

In Kansas and throughout the United States, the term “frustrated homicide” is not commonly used in legal language. Instead, the law classifies these crimes under terms like “attempted murder,” “attempted voluntary manslaughter,” or “aggravated battery.” These charges apply when someone intends to kill another person and takes direct action toward that goal, but the victim survives because of intervention, medical treatment, or other circumstances beyond the attacker’s control.

How Kansas Law Defines Attempted Homicide

Under Kansas law, an “attempt” occurs when a person performs an overt act toward committing a crime but fails to complete it. When that crime involves killing someone, the act becomes “attempted first-degree” or “attempted second-degree” murder, depending on the intent and circumstances. This concept is the equivalent of what other legal systems might call “frustrated homicide.”

• Intent to kill – The prosecutor must prove the defendant intended to cause death.
• Overt act – The defendant took direct action toward committing the killing.
• Failure to complete – The victim survived because the act was interrupted or unsuccessful.

Examples in a Kansas Context

For example, if someone shoots another person with the intent to kill, but the victim survives after receiving emergency medical care, the offender can be charged with attempted murder. The fact that the victim did not die does not lessen the seriousness of the crime because the intent and actions were present.

• Attempted first-degree murder – Planned or premeditated attempt to kill someone.
• Attempted second-degree murder – Intentional act to kill without prior planning.
• Attempted voluntary manslaughter – An intentional attempt to kill under sudden heat of passion or provocation.

Penalties for Attempted Homicide in Kansas

Attempted homicide is a felony under Kansas law and carries severe prison sentences. The penalties depend on the level of intent, the use of a deadly weapon, and the degree of injury caused to the victim.

• Attempted first-degree murder is a level 1 person felony and can result in decades in prison.
• Attempted second-degree murder is a level 3 person felony with similarly long sentences.
• Attempted voluntary manslaughter is a level 5 person felony and may carry a shorter term, though still significant.

In Kansas, what some countries call “frustrated homicide” is treated as “attempted murder” or “attempted manslaughter.” It applies when someone intends to kill another person and takes steps to do so, but the victim survives. These offenses are serious felonies with severe penalties, reflecting the law’s focus on both intent and action.