Here's an example of an attempted murder conviction not involving an Assault 1st. For a shooter, the jury would normally be instructed to consider Assault 1st along with Attempted murder due to it being a lesser included offense. If convicted of both, then the prosecution would merge the charges. Someone who didn't pull the trigger could be convicted of attempted murder without being charged with assault 1st. It is not normally very difficult to prove probable cause. Anyone who polices with your