CALIFORNIA ATTEMPTED MURDER

Attempted Murder in California

In general, if we talk about crimes, we mean completed crimes. Related to the murder, while we say murder, we understand that the person is dead. Nonetheless, it happens that the person has not always passed away after the act of attempting to kill. In this case, we can use the California Penal Code 664 PC. This section states responsibility for the attempted murder. Thus, if the accused cannot be found guilty of murder because the victim has not died, we can charge the accused with attempted murder (California Penal Code Section 664).

Below, we will explain the main elements of the California Attempted Murder definition as well as we are ready to provide answers to your initial questions concerning attempted murder charges in California for free.

1. Prosecution for California Attempted Murder
2. Attempted Murder Defenses
3. Attempted Murder Punishment
4. Related Crimes
In addition, we are ready to provide answers to your initial questions concerning murder charges in California for free.

1. Prosecution for California Attempted Murder
In case of murder, the prosecution must prove the following elements to convince the jury of attempted murder:
– The defendant took at least one direct but ineffective step toward killing another person or a fetus
– The defendant intended to kill that person or fetus.
The attempted murder is completed while the offender is taking the first deliberate step. It should be noted that even after rejecting the idea to kill a person, you may be found guilty of attempted murder.
First of all, direct step in context of attempted murder includes planning or preparing to commit murder or obtaining something or arranging someone to commit murder. In addition, the direct step must include definite and unambiguous intent to deprive the victim from life.
Example: Andrew wants to kill his ex-wife. In the night, he sees her and starts firing the gun. If Andrew fails his target, it means he committed attempted murder.

A person who tries to commit murder is guilty of attempted murder even if, after taking a direct step to kill the victim, he or she abandoned efforts to kill or they were interrupted by someone or something. It should be taken into consideration that if the offender abandons the completion of the crime freely and voluntarily, he or she cannot be found guilty of attempted murder.
Example: If Andrew did not fail the target but he decided not to kill his ex-wife. And he just went at home without firing a gun; it means he is not going to be convicted of attempted murder. Of course, we should not that he has to reject his plans freely and deliberately.

2. Attempted Murder Defenses
An experienced and professional California defense attorney can use various legal defenses in order to reduce or dismiss the attempted murder charge. Below, we represent some of them.
Self-Defense
– The state of insanity
False confessions
Illegal search or seizure
– Abandonment
– Etc.

Abandonment is considered to be a specific defense to charges with attempted murder. Freely and voluntarily abandonment of the crime cannot subject the defendant to the penalty.

3. Attempted Murder Punishment
Penalties vary from the type of homicide the person is convicted. In the table below, it is represented the main penalties for murder depending on the degree of the crime. Attempted murder is a felony. Generally speaking, an attempted crime subjects you to about half of the incarceration penalties that a person can face if the attempted crime is completed.

Type

Penalty

Attempted First Degree Murder

–         up to life in state prison with the possibility of parole, the convicted will be eligible for parole after you serve 85% of the 7 year minimum term in state prison

–         if the first-degree attempted murder was committed against a peace officer, firefighter, or other protected person who was engaged in the performance of the duties, the sentence will rest the same, but the convicted must serve a mandatory minimum 15-year sentence

Attempted Second Degree Murder

–         up to nine years in state prison

Attempted Voluntary Manslaughter

–         up to five and one-half years in state prison

Moreover, the court may impose additional penalties in the following cases:
– if it was used a firearm during the commission of the crime, an additional 10, 20 or 25-years to life sentence
– if the offense is gung-related or during the commission of the crime it was used a gun, the sentence will be enhanced (for “using” a gun 10 years in prison, for firing a gun 20 years in prison, for killing another person with a gun or for causing great bodily injury while using a gun 25 years-to-life in prison additionally)
– the loss of the right to own or possess a firearm
– victim restitution
– a fine up to $10000.

NOTE: Attempted murder is deemed to be an aggravated felony, which can lead to DEPORTATION is the convicted is a legal alien or legal immigrant.

4. Related Crimes
Murder
Justifiable and Excusable Homicide
Voluntary Manslaughter

Are you or a loved one accused of California attempted murder? The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We are a client-centered professional law firm. All information entrusted us will be confidential and private. You can always contact us in order to discuss your specific case and get your legal assistance. Do not hesitate to contact us!

You may file your request online, by telephone or by mail. 818-553-1000

Copyright © 2014 The Margarian Law Firm. All Rights Reserved.