When you or a loved one faces attempted murder charges, the future may become unclear. Among the multiple outcomes of your case are an acquittal or a full conviction. Typically, the possibility of ending up with either outcome depends on the level of representation you receive. With the help of the California Criminal Lawyer Group, you will defend your attempted murder case and present counter-arguments against the prosecutor’s evidence. In doing so, you stand a better chance of disproving the prosecutor’s accusations. Additionally, the criminal defense support should come from a qualified and experienced attorney for better chances of securing a favorable outcome. Our services are available to clients seeking legal presentations for attempted murder charges in Sacramento, California.
The Legal Definition of Attempted Murder
The California Penal Code prohibits the offense of attempted murder under sections 644 and 187(a). The provisions under the two sections make it an offense to willfully make any direct steps aimed at killing an innocent third party. Subsequently, any offender found guilty of the crime risks facing various repercussions, including life imprisonment in state prison.
The Penal Code allows arrested suspects to face prosecution under different circumstances, depending on the unlawful actions. Due to this, you want to understand the two possible charges pressed under attempted murder. They are:
First-Degree Attempted Murder
First-degree attempted murder is the main form of attempted murder that any accused person may face penalties for. It involves taking direct actions to kill the targeted victim and various preparations to achieve the goal.
Since first-degree attempted murder is considered a serious offense, your criminal defense lawyer will have to prepare adequately for trial. Their case involvement plays a pivotal role in the expected outcome, primarily because they should lodge strong defenses. Therefore, understanding the course of events during trial is essential.
Second Degree Attempted Murder
If an offender tries to kill a victim but fails under other circumstances, they are guilty of second-degree attempted murder. The difference is that no premeditation, direct action, or planning occurs.
Elements Attempted Murder Crime
All criminal proceedings serve a specific purpose, depending on the stage of your case. The most crucial proceedings are your trial sessions. This is primarily because the prosecutor presents their case against you, including the elements of the crime you participated in.
Afterward, your criminal lawyer will have the opportunity to present your defenses. They should aim to discredit the prosecution's case for a chance in acquittal or sentence reduction. However, a deep analysis of the elements of the crime is still necessary. Thus, the following are important details on the elements of the crime:
You Took a Direct Action Against the Victim
The first element to prove is that you undertook an action directly aimed to kill the victim. Usually, the subject matter of your activities is the primary issue for determination. The prosecutor will therefore focus on showing the exact direct steps you undertook to complete your actions.
To do this, the prosecution team will show your actions in planning the action and executing it afterward. The planning stage may involve regular actions like purchases or conducting searches. This is because planning will demonstrate a deliberate intention to commit the crime.
As mentioned, preparation processes depend on the case circumstances regarding your matter. For example, purchasing a firearm or bullets to load the weapon. Additionally, loading the gun or repairing it to hold bullets is also an act of preparation that will result in attempted murder accusations.
You should also note that doing any searches on finding killers for hire is considered offensive under the attempted murder case provisions. Therefore, searching for third parties to conduct the duties on your behalf is sufficient to attract legal repercussions.
After proving your preparation process, the prosecutor must show how you executed your intention through the direct process. They will rely on evidence to prove you participated in the alleged action to satisfy the requirement of guilt beyond a reasonable doubt.
Since different offenders engage in varying actions like shooting, hitting, assaulting, and fighting in attempted murder, the evidential sources will also change in each case. A list of admissible evidential sources includes witness testimonies, surveillance footage, police report and, supporting affidavits.
What a Direct Intention Entails
Although a direct action may translate to contact with the victim for many, the law does not necessarily require physical touch to occur. This is because anyone acting vicariously is under your orders, meaning they would not undertake the offense without your involvement. Due to this, you will still be answerable for the offense under these circumstances.
You Intended to Kill the Victim
The presence of a criminal intention is also integral to your prosecution and conviction if the prosecutor succeeds. The offense calls for a careful analysis of the facts in question, including the manner of attack. Typically, an offender intending to kill their victim targets sensitive or vital organs that would cause catastrophic outcomes.
For example, aiming for the skill when shooting a victim can portray an intention to kill because a billet in the head is often fatal. This can be compared to shooting on the thigh or knee, often associated with demobilizing the target. The prosecutor’s case must be coherent with the facts in question to avoid making abstract conclusions.
Hence, using hypothetical scenarios that would evoke a conclusion of your intention to kill is unacceptable. Using the argument would attract prejudice and unproven allegations, resulting in unfair administration of justice.
Since most cases do not directly conclude your intention to kill, the prosecutor must rely on circumstantial evidence. Consequently, any actions you undertook before or after the fact are under scrutiny during the trial. As a result, your criminal defense attorney will need to closely observe the prosecutor’s approach to avoid trial by ambush.
Legal Defenses to the Crime
The right to a fair trial includes an allowance for each party to be heard. Subsequently, your defense attorney will present your defenses after the prosecutor concludes their case. Criminal procedures provide for events to follow in that order for responses relevant to the prosecutor’s case. This way, your arguments will be more direct to the issue in question compared to presenting the defenses arbitrarily.
Moreover, your defenses should be backed by evidence for credibility. Hence, your attorney should engage you and ensure they obtain reliable evidential sources for an elaborate case. If you have any leads on useful sources of proof, speak to your criminal defense lawyer as soon as possible.
During the defense hearing, you may have a line of witnesses as part of your evidence. Therefore, you should remember that the prosecutor may request to conduct a cross-examination. The process involves confirming what the witness said and often aimed to invoke doubt in your case. Thus, your attorney will prepare the witnesses accordingly to help them face the probes with minimal challenges.
While the defenses discussed below apply to an attempted murder charge, they do not necessarily apply to all case circumstances. Subsequently, you should analyze your case facts and ensure they align with the argument you intend to present. Common defenses for attempted murder charges are:
You Did Not Take a Direct Step to Kill
As discussed, a direct step involves both planning and executing the intended action to kill the victim. Therefore, the prosecutor’s case must indicate the specific direct action when attempting to murder the third party. If no evidence was available to demonstrate the action, your defense should apply.
However, it is noteworthy that any argument supported by negating an action requires you to prove what you claim. For example, if the direct action you were accused of is pulling the trigger intentionally, your counter-argument should demonstrate several options.
For example, you may claim to have pulled it accidentally. If so, your defense attorney will need to present the circumstances that resulted in an accident and, consequently, to pull the trigger. Alternatively, if your argument claims that your action was unrelated to the attempted murder, you will also need evidence to support it.
You Lacked the Intention to Kill
Further, the lack of criminal intention should result in an acquittal in any criminal case. This is because criminal intent marks the onset of breaking the law, regardless of whether the action was executed. Thus, your criminal defense attorney can opt to raise the defense and challenge the prosecutor’s argument.
Although an intention to kill is easily depicted from the nature of the attack against the victim, it should not be assumed. Due to this, your criminal defense attorney can focus on showing that the injuries inflicted in sensitive body organs were unintentional. The argument will be in line with the earlier discussed theory that most attackers with an intention to kill aim for vital organs.
Apart from that, intention can also be depicted from your mannerisms, particularly moments before the alleged attack. If no actions portray an intention to end the victim’s life, your lawyer can present their argument in support. Alternatively, any witnesses present before the alleged attack occurred can also corroborate your defense to convince the judge of your innocence.
You Acted in Self-Defense
Further, self-defense is acceptable as a counter-argument, as the law allows every citizen to uphold their safety. However, you should remember that the defense only applies provided you comply with the regulations issued under legal principles. Your attorney will help you assess your case circumstances to gauge the likelihood of success when using the defense.
Firstly, self-defense will only be acceptable if it is the only option available to you in the instance. For example, if someone was attacking you with no room for escape, you may have needed to fight back for your safety.
While in court, you must prove the circumstances you claim to have subjected you to acting in self-defense. This involves collecting evidence towards the imminent danger you faced, as well as your reaction to it. Some possible evidential sources include surveillance footage, police statements, or witness testimonies presented in court.
Secondly, you must have reacted proportionally to the type of danger you faced when under attack. The rationale behind this requirement is to ensure your actions were reasonable and not a premeditated attack. Any action found to be disproportionate to the harm will render the defense inadmissible.
An example of a disproportionate attack is running over someone with a car who may have only stolen your belongings. The balance between human life and a few valuables cannot be equal, meaning the defense is unacceptable in this case.
You Were Accused Based on Mistaken Identity
A few cases per year also involve mistaken identity cases, whereby the accused person is an innocent party identified as the offender. If your matter involves these circumstances, you want to inform your attorney to help establish the next course of action as soon as possible. They will then help you process your identification details for court presentation.
Once arraigned in court, the prosecutor may request to verify your documents, as they detect any inconsistencies with your evidence. Due to this, your lawyer should be thorough with your document preparation to avoid any oversights.
Better still, any information regarding the actual offender should be made available to the court to support your defense further. Therefore, undertaking additional investigations regarding the perpetrator is essential for better chances of a favorable case outcome. However, presenting the details is not mandatory, especially because the details are not always available.
You Face False Accusations
Finally, the defense of false accusations is also applicable in an attempted murder case. Your attorney will focus on demonstrating how the false accusations came about, as well as your non-involvement. Numerous circumstances may cause you to face false accusations, so you want to comprehensively go over your case facts.
For example, the investigating officers may have neglected their duties by failing to verify whether you are rightfully accused. This stems from incorrect statements made by the complainant or any witnesses present during the alleged attempted murder. With your defense lawyer’s help, you can demonstrate the oversights that resulted in your false accusation.
Alternatively, false accusations may stem from police misconduct. The events leading to misconduct vary with each case, but most include fabricating evidence.
For example, a false police record or statement may be entered to fabricate evidence against you. Additionally, false or exaggerated witness statements are prepared to paint you in a bad light or instigate proceedings incorrectly.
In some cases, coercion and duress may also contribute to false accusations. An officer may force you to give false confessions or coerce you into providing self-incriminating evidence. If you suffered from any discussed problems, your criminal lawyer would argue your case in court. The possible outcomes after a confirmed false accusation are an acquittal or suppression of evidence obtained improperly.
Penalties Issued to Guilty Parties
Once the trial proceedings conclude, the presiding judge or jury will have sufficient information to issue the case outcome. Usually, the prosecutor succeeds if they prove your involvement in all elements of the crime. This will have shown that you are guilty beyond a reasonable doubt, meaning the case can conclude without further probes.
On the other hand, the defense wins their case if their defenses disprove the prosecutor's presentation. In doing so, the elements of crime will not have been proven beyond a reasonable doubt.
If your case does not succeed at trial, you are subject to facing various penalties as guided by the Penal Code. Additionally, the judge refers to the various sentencing penalties to ensure they issue a fair directive to you. The following are penalties issued to a guilty offender:
Prison Detention Sentences for First-Degree Attempted Murder
The offenses designated for first-degree attempted murder are similar to those issued fr murder. Since you will have formed a deliberate intention to kill, the presiding judge can order you to life imprisonment in state prison. Nonetheless, you will have a parole option after spending the minimum number of years required behind bars.
Prison Detention Sentences for Second-Degree Attempted Murder
Conversely, second-degree attempted murder is considered less severe, as the offender does not form an intention to kill. Despite this, you still face a minimum of five years in state prison. The judge may also enhance the incarceration period to seven or nine years.
Payment of Fines
Mandatory fine payments are also issued in some cases, depending on the severity of the crime. Mostly, the judge will present a prison sentence as a conclusive penalty, so offenders do not have to undertake monetary payments. However, fine payments are included in some cases. This is especially common if your case involves violent and oppressive actions against the victim.
Consequently, you may receive an additional mandate to pay a fine of up to $10,000. According to case factors, the judge is free to enhance or reduce the fine within the $10,000 limit and will often do so. For example, having aggravating elements in your case will attract higher fines than an offender with mitigating factors.
Payment of Mandatory Restitution Fees
Similarly, restitution fee payments are an integral part of undergoing reform. While the restitution order is a penalty, it aims to restore the victim to their position before your attack. Hence, restitution fee requirements vary depending on the nature of your attack and the sustained injuries.
If the victim had to undergo invasive medical procedures to help them recover, the judge might order you to pay fees equivalent to the medical charges. Further, additional restitution fees are payable for any other damages and losses incurred during the attack. For example, damage to the victim's vehicle, house, or personal belongings yields restitution payment orders.
Possible Deportation
Offenders who are not native citizens also risk deportation from the country after being found guilty of attempted murder. Since the crime attracts serious penalties, deportation orders may apply after the offender serves their sentence. Alternatively, deportation may be suitable for parties found to require immediate removal based on intolerable behavior.
Although the department of immigration collaborates with the judicial courts to determine the best steps towards deportation, you may still face unfair processes. Subsequently, your criminal defense attorney will help you undergo a legal and fair process if the orders must be executed.
Forfeiture of Gun Rights
While gun rights are available for all qualifying citizens, they are considered a privilege to be taken away after a legal violation. Due to this, anyone facing conviction for attempted murder will risk losing their firearm license. The punishment applies to all citizens regardless of their license status. Therefore, requesting for rights to be reinstated is not guaranteed, mainly if you used a firearm to commit the convicted crime.
Three Strikes Entry
Lastly, the three-strikes law applicable in California affects attempted murder cases. Under regulations, offenders will accumulate a ‘strike’ for every convicted offense that attracts the repercussions. When your record accumulates three strikes or more, you are likely to face harsh penalties.
For example, sentence enhancements and limited expungement opportunities are repercussions of a three-strike accumulation. Consequently, access to professional and academic opportunities is limited, leading to new challenges in life navigation.
Although fighting attempted murder accusations is a demanding task, a criminal defense lawyer with a wealth of experience can help you overturn the events pitted against you. Their many roles in helping you attain success to make a significant difference compared to working alone. Thus, you should contact a criminal attorney as soon as possible for further assistance.
Contact a Sacramento Criminal Defense Attorney Near Me
Attempted murder is considered a serious offense, resulting in harsh penalties for guilty offenders. Therefore, you want to take time and prepare an elaborate defense upon facing the charges. The best option is to partner with an experienced criminal defense attorney who understands the various requirements to meet.
At California Criminal Lawyer Group you will benefit from the highly qualified team handling your matter. Our experience defending attempted murder cases, among numerous other practice areas, makes the attorneys an excellent option. Furthermore, you can expect consistency in service delivery, giving you value for resources spent in retaining an attorney. If you or a loved one requires the services of a criminal defense lawyer in Sacramento, California, contact us today at 916-775-7660.
