A hard question...

So, if you try to kill me but you are lucky and I don't die, should you be tried for murder? Or should you be tried for attempted murder and given a lesser sentence because I accidentally didn't die. Is it my life that's worth your sentence, or is it your crime that's worth the sentence? Or is it both? Should a dead me be worth more than a live me even if I'm say... paralyzed? What do you think? Perhaps you were having a bad day and only tried to kill me out of frustration with the cards life had dealt has dealt you and so me not dying is a sign from some higher being that you are not in fact, that bad. So the fact that I didn't die should result in lesser punishment because you didn't reaaaaaaallly mean to kill me. Hmmm