To be found guilty of attempted murder, the prosecution has to prove that you intended to kill someone, so its irrelavent as to whether or not you actually hit someone with your bullet or not.  You could miss and still be found guilty.\n\nOf course, the circumstances make all the difference.  In Florida, if you are in fear of your life and sufficient proof of that exists, you can shoot anyone - leathally or not.  Its prefectly legal and no charges, not even an arrest, will follow.\n\nThen again, in North Carolina, you can shoot a burglar in the butt if he is trying to get away.  In Florida, I don't think that's alowed.  The idea is that if his back is to you, then you can't be in fear of your life.