Are you facing attempted murder charges in Los Angeles?
Pursuant to California Penal Code Section 664/187 attempted murder is when someone intends to kill another person, and takes a direct step towards killing that person, but the other person survives.
Attempted murder is divided into first degree and second degree:
A First Degree Attempted Murder charge carries a life sentence, and a conviction can have devastating consequences.
A Second Degree Attempted Murder conviction carries a sentence of up to 9 years in California State Prison.
If you are facing attempted murder charges in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.
Los Angeles Criminal Defense Lawyer Miles Booth
How does the prosecution prove that I am guilty of Attempted Murder?
Second Degree Attempted Murder
CALCRIM 600 lays out the elements that the prosecutor must prove for you to be found guilty of Second Degree Attempted Murder in California. To be convicted of attempted murder under Penal Code Section 664/187 the prosecutor must prove beyond a reasonable doubt that you;
- Took at least one direct but unsuccessful step toward killing another person or fetus; AND
- You intended to kill that person or fetus
First Degree Attempted Murder
To be found guilty of First Degree Attempted Murder the prosecutor must prove that you acted willfully and with premeditation and deliberation in addition to the above elements. The definitions of premeditation and deliberation are detailed in CALCRIM 601.
Lets take a closer look at how the court defines these elements;
A direct step is defined as a “definite and unambiguous intent to kill”. It is taking a step that would have resulted in completion of the plan if some outside circumstance had not interfered with the attempt. It requires more than mere planning or preparing.
For example, firing a weapon at someone, or paying another person to kill someone would be considered a direct step. Purchasing a weapon would not be considered a direct step.
Intended to Kill
To be found guilty of attempted murder the prosecution must prove that you actually intended to kill the other person. If you only intended to seriously injure them then you will not be guilty of attempted murder. The prosecution will point to circumstantial evidence to determine whether you intended to kill the otter person.
For example, if you stabbed someone in the foot your criminal defense attorney would argue that the location of the stab does not indicate that you were attempting to kill the other person. By contrast, stabbing the other person in the neck would likely indicate that you intended to kill them.Willful
Acting willfully means that you intended to kill when you committed the act.
This means that you carefully weighed your decision, and made it knowing the consequences.
You will be deemed to have acted with premeditation if you made the decision to kill prior to completing the act.
It is important to note that the court looks at how much you reflected on your decision in determining premeditation and deliberation. The amount of time you took to reflect is just one factor in making this determination.
How can I defend myself against attempted murder charges?
Being charged with attempted murder is very scary. Your entire life is jeopardy. A skilled Los Angeles criminal defense attorney can be your greatest asset in fighting these charges, restoring your good name, and protecting your liberty. Some of the most common legal defenses to an attempted murder charge are that;
- You acted in self defense
- You were falsely accused
- You did not take a direct step toward killing the other person
- you did not act with the intent to kill the other person
Just because you have been accused of, or charged with Attempted Murder does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth, to discuss how to best defend your case.
What are the Penalties for attempted murder?
Under Penal code 664/187 attempted murder is divided into second degree and first degree.
A First Degree Attempted Murder Conviction may result in;
- A life sentence in California state prison with the possibility of parole
A Second Degree Attempted Murder Conviction may result in;
- 5 years, 7 years, or 9 years in California state prison
What are sentencing enhancements for attempted murder in California?
In addition to the penalties discussed above there are a number of sentencing enhancements that can substantially increase the amount of prison time that you face. These include, but are not limited to;
Using a Firearm
California’s “10-20-life” sentencing enhancement under Penal Code 12022.53 lays out very harsh penalties for defendant’s who use a firearm in the commission of a felony.
Specifically, you will face;
- An additional 10 years in prison if you use a firearm during an attempted murder;
- An additional 20 years in prison if you intentionally fire a gun during an attempted murder; and
- 25 year to life if you cause serious bodily injury, or death using a firearm in an attempted murder
California’s 3 Strikes Law
Attempted Murder is considered a “violent felony” and a strike offense under California’s “three strikes” law. This means that if you have a carjacking conviction on your record, and are subsequently convicted of any other felony your sentence will be twice the term it would have been otherwise. You will also be required to serve at least 85% of your sentence on the initial attempted murder conviction.
California Gang Enhancement
Pursuant to California Penal Code Section 186.22 if it is proven that you committed an attempted murder for the benefit of a street gang you face an additional 15 years to life in state prison on top of your sentence.
Contact Los Angeles Criminal defense attorney miles booth
Facing charges for Attempted Murder can be overwhelming. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.
As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.
If you are facing attempted murder charges in Los Angeles, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.
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