Attempted Murder Lawyer in San Diego
As criminal defense firm, we can challenge the prosecution’s evidence of intent to kill, negotiate reduced charges, present alternative explanations or defenses like self-defense, suppress illegally obtained evidence, and ensure the client’s constitutional rights are protected throughout the legal process.
What is Attempted Murder in California?
Attempted murder in California is defined under Penal Code Section 664/187 as taking a direct step toward killing another person with the specific intent to kill, but failing to complete the act.
Key Elements of attempted murder charges
To prove attempted murder, prosecutors must establish two critical components:
- Specific Intent to Kill: The accused must have had the express purpose of causing death. This is the most challenging element to prove and distinguishes attempted murder from other violent crimes. Intent can be inferred from the defendant’s actions, statements, or circumstances.
- Direct Step Toward Completion: The person must have gone beyond mere planning or preparation and taken a concrete action toward killing someone. This means actually trying to commit the murder, not just thinking about it.
Degrees:
California recognizes two degrees:
- First-degree attempted murder involves premeditation and deliberation
- Second-degree attempted murder lacks premeditation but still requires intent to kill
Penalties:
Attempted murder is a serious felony with harsh consequences:
- First-degree: Life in prison with the possibility of parole
- Second-degree: 5, 7, or 9 years in state prison
Sentences can be enhanced significantly if firearms were used, the victim was a police officer or firefighter, or gang-related circumstances existed.
Defenses:
Common defenses include lack of intent to kill (perhaps only intending to injure), mistaken identity, self-defense, defense of others, or false accusations. The absence of premeditation can reduce a first-degree charge to second-degree.
Attempted murder charges are extremely serious and carry life-altering consequences. Anyone facing such charges should immediately seek experienced criminal defense representation to protect their rights and explore all possible defenses.