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In order for a person to be convicted of attempted murder, the prosecution must prove:
We know that not everyone who gets charged with attempted murder is guilty. Attempted murder may seem straightforward, but attempted murder law in California is technical and complicated. You deserve a rigorous defense. No matter how hopeless your case may seem, don’t let the process intimidate you. We can help. Let us take your case and begin crafting a strategy to fight for you.
Attempted murder is separated into first degree and second degree. The difference is one of seriousness and penalty. First degree attempted murder means that the defendant planned to kill the victim. Second degree attempted murder means that the defendant did not plan the murder and carried it out in the “heat of passion”, or exhibited reckless behavior in extreme disregard of human life.
The punishment for first degree attempted murder in California is life in prison without the possibility of parole. For second degree murder, the maximum punishment is up to 9 years in state prison. Aggravating circumstances may enhance these sentences. If the crime was directed toward a member of law enforcement, a 15-year minimum sentence will be required. Other penalties may include victim restitution fees, fines, and the loss of the right to bear arms.
The defense in an attempted murder case will center around questions of intent and mindset, whether or not you or your loved one planned and premeditated to commit the act and whether they followed through with direct steps to carry it out. We will examine your case and try to find where the prosecution’s case fails to meet the burden of proof. If any steps necessary to commit the act are missing or if no planning or premeditation can be proven, these facts will be brought forward on your behalf at trial.
Perhaps you caused severe injury to another person. This is not, in and of itself, enough to prove attempted murder. Attempted murder requires that the intent to kill be established and proven. If you or your loved one caused injuries to another person and those injuries were to parts of the body that do not contain vital organs, this is NOT suggestive of an intent to kill. If any acts were carried out under the influence of alcohol, it will be difficult for the state to establish that there was premeditation or even specific intent to commit the crime. These issues should be argued as part of your vigorous defense.
A family who believes their loved one has been murdered, the community, and even the media will put pressure on a police investigation and influence it to solve a case swiftly. Once a suspect has been charged and brought to trial, the victim’s family will put pressure on the prosecution to proceed in a timely manner and to seek the maximum punishment under the law. Make no mistake about it, if you or your loved one is the target of an attempted murder charge, it is a serious situation. The prosecution will be working diligently to prove their case against you. You need someone who will work just as hard to advocate for you or your loved one. Freedom is precious. Bring yourself as much peace of mind as you can in this stressful situation by knowing you are doing all you can to protect it. Call now for a free consultation.