Attempted Murder Law in California
Murder is one of the most heavily punished crimes across the nation, and in the state of California, murder and attempted murder is not taken lightly. California Penal Code Section 664 explains that you are not off of the hook if you attempted to murder someone yet failed in your endeavor. In fact, you face stiff penalties of up to nine years behind bars.
If you have been charged with attempted murder in California that means that it is believed that you wanted to kill another person and to accomplish this feat you took related actions against the individual. Despite your efforts to commit murder, the individual you wanted to kill survived. Depending on the details of the incident, examples of actions that would be considered deliberate attempts to kill would be stabbing, poisoning, strangling, or shooting.
All a defendant must do is take a minimum of one step towards committing murder with the intent to end the person’s life to be subject to punishment for a California attempted murder charge. Attempted murder is at the felony level and the facts in your case will be what governs if you will face first or second-degree attempted murder charges.
When you have been arrested and charged with attempted murder in California, it is imperative that to preserve your legal justice, you work with the very best California criminal defense attorneys.
At the Manshoory Law Group, you will have the most experienced and seasoned Los Angeles criminal defense team supporting you and fighting tirelessly on your behalf so that you see the best outcome possible.
What are the Penalties for Attempted Murder?
The most strict punishments will be held for first-degree attempted murder. A defendant will be looking at life in prison. However, there is the possibility of parole so a defendant could get out much sooner. This changes when the defendant was convicted of this charge and their victim was an on-duty protected individual such as a peace officer or a firefighter.
When this happens, the defendant must stay in jail for a minimum of 15 years before they can be considered for parole. In contrast, if charged with second-degree attempted murder, a defendant must serve at least five years in prison and could serve up to nine years.
A defendant not only has to expect prison time with a California attempted murder conviction, but they also must be ready to pay. From paying money to victims for restitution to hefty fines of as high as $10,000, it is expensive to be charged with either first or second-degree attempted murder in the state. Additionally, the ability to own a gun will be eliminated.
California follows the three-strike law which means that a conviction of attempted murder will result in one strike. The more strikes a person accumulates on their record will lead to a substantial increase in penalties. Of course, three strikes are the maximum and when you hit this level of crime, you will be serving at the very least, 25 years to life in state prison.
How Can You Defend Against Attempted Murder in California?
It is up to the prosecution that is attacking you to prove that you actually behaved in such a manner and acted in a way to deliberately try to kill someone else. This is in addition to your final intent being that what you did would cause the death of another person.
Whether you planned a murder scheme or you were getting ready to kill, the moves you took were implemented with your aim to take the life of another. In addition to this, the prosecution must also show that you wanted the end result to be the loss of life from your actions.
When your legal defense can effectively and persuasively deconstruct arguments that the prosecution tries to make placing you as a person who was involved in a murder plan and intending for death to take place, then you will be able to reduce your charges or beat them.
Maybe you were acting in self-defense or you behaved in a way to slightly injure a person who was aggressive towards you so you could scare them off but things when wrong.
There are many ways that an experienced and skilled murder defense lawyer in Los Angeles can examine your case and mount a tactical defense.
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The facts that go along with how you were charged with attempted murder will also impact your sentence. For instance, if your activities were related to your membership in a California street gang, you are going to have an increased sentence. There are many subtleties that can greatly change how severely you are reprimanded for your alleged actions.
When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Group every legal means to reduce your penalties or have your charges dropped will be explored and enacted. Contact our criminal defense attorneys at the Manshoory Law Group today for premier criminal legal defense services in Los Angeles at 877-977-7750.