3. The defendant is

A is correct. To be found guilty of attempted murder, a defendant must have the intent to commit murder and take a substantial step toward the commission of murder. In this question, the defendant had, prior to the shooting, the intent to kill his neighbor, and took the substantial step of firing the weapon at the neighbor. He is thus guilty of attempted murder. However, if the defendant was aware that it was impossible for his shots to actually reach his neighbor, it cannot be said that the defendant, by shooting at his neighbor, had the intent and took a substantial step to kill the neighbor. Nevertheless, because the defendant was unaware of the limited range of his pistol, he can be convicted of attempted murder.

B is incorrect. The standard applied is the actual intent of the defendant and the substantiality of the step taken; it does not matter what a reasonable person would know with respect to the range of the pistol.

C is incorrect. Only legal impossibility, not factual impossibility, is a defense to an attempt charge. Although it was impossible for the defendant to kill his neighbor, he still had the intent to kill him and took a substantial step toward doing so. This is a case of factual impossibility and is not a defense to an attempt charge.

D is incorrect. The defendant is guilty of attempted murder, as well as assault.