Criminal Defense Attorneys Defending People Who Have Been Accused Of Attempted Murder
Attempted murder criminal charges are covered under California Penal Code 664/187. Basically, it's an unsuccessful attempt to commit murder.
A defendant must have taken direct intentional actions to commit a murder. If a defendant shoots into a crowd with the intent to kill an individual, but misses and accidentally kills another individual, they can still be charged with attempted murder.
If you are under criminal investigation for the violent crime of attempted murder in Los Angeles County, you need to immediately consult with a Los Angeles criminal defense lawyer at our law firm to thoroughly review all the details of your case.
Do not make any statements to Los Angeles police detectives as anything you say could be used against you in court. Police detectives are paid to build a criminal case and make an arrest. Don't help them!
Prosecutor's Burden of Proof on Attempted Murder Charges
To be convicted of the violent crime of attempted murder in Los Angeles, the prosecution must establish that you committed acts or actions that can be established as towards the ends of killing someone, that did not result in their death.
The Los Angeles County prosecutor must also prove malice and forethought, which could convey beyond a shadow of a doubt that you possessed the willful intent to kill someone.
Even as these criminal elements seem upfront and straightforward, they aren't necessarily so easy to distinguish, nor will the approach of the prosecution necessarily be so cut and dry.
Attempted murder requires premeditation, which is more than mere preparing, or arranging the murder of another person. It is taking it to the next level, of putting a plan into motion, and in such a way that the intended target would have been successfully murder if the attempt had not been interfered with.
It is important, when being under investigation or arrested, to be aware that, as jarring and overwhelming as such a criminal accusation can be, it is best to save any protests or declarations of intent for after you have consulted with an experienced Los Angeles attempted murder defense lawyer.
The measures a prosecutor may go to prove, is that the intent maybe came with:
- the possession of a weapon;
- with the intent to use it towards the ends of murdering someone, or;
- equipping someone with the tools or means to murder someone on your behalf.
If the prosecution can prove that the act was more than merely preparing or planning to commit murder, this aspect of the prosecution will likely be successful.
Attempted murder cannot be proven without the intent to deliberately kill, so intending to merely maim, or injure another party will not qualify as attempted murder.
Injuries on, in or around vital areas of the target could be used to claim that the intent was indeed to kill the target, whereas injuries being isolated to non-lethal areas of the body would clearly indicate that the intent was not lethal in nature.
A violent crime conviction for attempted murder can carry a sentence of life in a California state prison.
Legal Defenses against Attempted Murder Charges
There are several common legal defenses an experienced Los Angeles criminal defense attorney could use on your behalf, including:
- You were acting in self-defense
- You did not intend to kill the victim
- The victim's death was an accident
- Your case is one of mistaken identity
Being under the influence of alcohol or drugs could mean that the presence or forethought of intent to kill was absent, or evidence that you were targeted and that you acted fully in self-defense, which are very important circumstances to take into consideration during the course of a trial.
The prosecution will likely try to use both relevant and partially relevant circumstances to indicate that you had malicious or deliberate intent to kill, the certainty of this attempt often driven by the personal bias or impressions of the prosecution.
Contact a Los Angeles Attempted Murder Attorney
As former prosecutors, our Los Angeles criminal defense lawyers know exactly how the Los Angeles County prosecutor's will attempt to build their attempted murder case and obtain a conviction.
Our attorneys also know how a criminal conviction can have a devastating impact on your personal and professional life.
You have much at stake and need skilled and experienced criminal attorneys who have extensive knowledge of the elements of the crime that the prosecutor must prove in an attempted murder case.
This knowledge and experience allows a Los Angeles criminal defense lawyer at our law firm to develop an effective defense strategy against attempted murder charges.
A violent crime defense attorney at our top-rated criminal defense law firm is available for a free immediate response.
Contact our law firm at 877-781-1570.