Wichita Bail Bonds Blog

Frustrated homicide refers to an attempt to kill someone that fails, even though the attacker has already done everything necessary to cause death. The term is more commonly used in countries like the Philippines under their criminal code, not typically in the United States or Kansas. In legal terms, it falls between attempted homicide and completed homicide, meaning the intent and actions to kill are present, but the victim survives due to outside factors.

Definition and Legal Concept

In criminal law, frustrated homicide happens when a person commits all the acts intended to kill another person, but the victim does not die because of causes beyond the offender’s control. These causes could include medical intervention, quick rescue, or the victim’s resistance. The key point is that the attacker had the clear intention to kill and took deliberate steps to do so.

Example of Frustrated Homicide

Suppose someone shoots another person in a vital area with the intent to kill, but the victim survives because of emergency medical treatment. In that situation, the shooter has performed all acts to cause death, but the outcome was stopped by an external factor; this would legally qualify as frustrated homicide in some jurisdictions.

Difference Between Attempted & Frustrated Homicide

• Attempted homicide – The person began the act of killing but did not complete all the steps necessary to cause death (for example, firing a gun but missing the target).
• Frustrated homicide – The person completed all acts that would normally cause death, but the victim survived.
• Homicide – The act was completed and the victim died as a result.

Penalties & Legal Treatment

In places where frustrated homicide is recognized, the penalty is lower than that for completed homicide but more severe than attempted homicide. Courts consider factors like intent, the weapon used, and how close the act came to causing death.

Frustrated homicide means the offender fully intended and acted to kill someone, but the victim survived due to outside circumstances. It reflects serious intent and action, making it a grave offense even without resulting in death.