If you have been accused of attempted murder in Los Angeles, then you might be wondering what to do so that you can get the best possible defense. This is a serious accusation, and you must take proactive steps to prepare your defense so that you can have the best chance of winning in court. Your first step is to understand exactly what it is you are being accused of doing and to refrain from speaking to anyone about the incident until you have consulted with a legal professional.
Attempted Murder Defined
Under California law, you can be convicted of attempted murder for trying to end another person’s life and failing. However, planning to kill someone is not enough to be convicted of attempted murder. You must take direct steps to act out your plan for the charge to apply to your situation. So, if you had planned to kill someone but later changed your mind, then you are not guilty of this crime. The prosecution must also prove you intended for the individual to die; attempting to harm some is a different violation. You do not have to be accused of trying to kill a particular person for this law to be relevant to your case. Also, shooting at a house in which a person lives is often enough to be found guilty of attempted murder.
If you are arrested for attempted murder, go to trial and lose your case, then you can face a life sentence in a state prison, which could be reduced to a lesser sentence. But if you are charged with attempting to kill a police officer, then you will face a minimum of 15 years in prison. If you are released from prison, then you will face several restrictions. For example, you will no longer be able to own or be in control of a firearm or any other deadly weapon legally.
When it comes to legally defending yourself against an attempted murder charge, you can claim your actions were in self-defense or that you were confused with the actual perpetrator. You must prove your life was in danger and harming the other person was your only means of protecting yourself from death if you acted in self-defence. Proving that you were confused with someone else might be difficult depending on the circumstances. Also, you can build a solid defense if you can prove you were in a different location when the crime took place.
How We Can Help
If you have been accused of attempted murder, then we urge you to contact our law offices so that we can get to work building your defense right away. Waiting longer than needed to enlist the assistance of a qualified legal team makes it that much harder for you to protect yourself. You increase your odds of saying something that could allow the prosecution to win the case. The moment you ask for our help, we will start reviewing the details of your case and come up with the most plausible defense. Although we cannot always guarantee the outcome, if a way to prove you are innocence exists, then we will find it. Being accused of such a terrible crime can be stressful for anyone, but you don’t have to deal with it alone. So, give us a call right now so that you can get the help you need.
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.
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