Building a Strong Defense to An Attempted Murder Charge in the State of California
Attempted murder is a serious charge in the State of California. If you or someone you know has been charged of this offense, it is important to understand that the penalty for such a crime can lead to life in prison. Due to the delicate elements of the defense, one of the most important factors to consider is to obtain the advice and legal support of an experienced criminal defense attorney.
In the midst of seeking legal defense for these types of criminal charges, take a moment to understand how your case could be defended. This article will highlight essential elements that are necessary for an attempted murder conviction in the State of California.
The Basics: What is An Attempted Murder Charge?
Obtaining a valid defense for an attempted murder charge can help to prevent time spent in prison. It can also help lessen prison time in the event that the accused is found guilty of the crime.
In order to better understand possible defense tactics, it is important to comprehend what is an attempted murder charge in the State of California. In California, attempted murder is the act of unsuccessfully attempting to kill an individual or unborn child. While this type of case may seem straightforward, there are a few issues that arise in the charge, which could lead to a dismissal of the charge or even a reduction of the charges against the accused.
A prosecutor in the State of California bears the burden of proving that the accused is in fact guilty of the charges. When it comes to attempted murder charges, the prosecutor has the burden of proving that the accused is guilty beyond a reasonable doubt. This means that the prosecutor has to demonstrate the following elements:
- The accused has taken some sort of direct action toward killing the alleged victim; and
- The accused’s actions were to lethally injure the alleged victim, not to just simply injure him or her.
Examining: Direct Action
Inherent an attempted murder charge in the State of California, direct action refers to the act of specifically intending to cause another’s death. While preparing or planning for murder can be a separate charge, it is not sufficient to satisfy the required elements needed of an attempted murder charge.
Examples of direction action may include, but are not limited to the following:
- Buying a knife and using the knife to attack a person and deliberately aiming for a vital organ;
- Buying a gun and using a gun in an attempt to kill a person; or
- Making a bomb and taking the bomb to a desired location in an effort of killing a person.
Examining: Intent to Kill
In order to be convicted of attempted murder in the State of California, intent to kill must be demonstrated by the prosecution. If a person has somehow caused a serious injury to another individual, this is not sufficient to prove an attempt to murder charge. There are key elements to present, and when done without foundation, a criminal defense attorney may be able to expose these procedural faults in favor of your outcome. There are many factors within this aspect and legal support familiar with defending these charges may provide your best chance at being successful.
Severity of Charges – The Distinction with Attempted Murder
Similar to many other crimes in the California Penal Code, attempted murder also has different levels of severity with regards to the crime, as well as the punishment. If prosecutors can prove the act was willful and deliberate, a punishment of life in prison can be handed down. When this factor is not met, attempted murder convictions will have a determinate sentence attached to them. Aside from other important aspects of an attempted murder charge, you can see that the punishment could be very different based on the details of your charges, and how well an experienced defense attorney can plead your case.
Obtain Support from An Experienced Attorney
An attempted murder charge in the State of California is a serious offense that could lead to many years in prison. It is a delicate matter that requires the support of a legal team with many years of experience. If you have been charged with attempted murder, seek the support of a qualified team of attorneys. The attorneys at Milligan, Beswick, Levine, & Knox, LLP are dedicated to providing strong legal defense to those who have been accused with attempted murder charges. Experience is of the essence in attempted murder charges; seek proficient legal support today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.