Attempted murder is an extremely serious charge and has the potential of a life sentence. Contact Murrieta - Temecula attorney Karen E. Lockhart at (951) 698-5191 for immediate help with your attempted murder case. Consultations are available by telephone or in person. Weekends and evening appointments are also available. Consultations are always free and confidential.
Attempted Murder Penal Code section 664 is the uncompleted act of trying to kill someone.
Attempted murder is not only a strike offense under the “Three Strikes” and you are out law, but also one of the most serious offenses a person can be charged with. You need representation from an attorney who is experienced in the defense of attempted murder cases.
Requirement of Direct Action: Requires an act in furtherance of an attempt to kill. Mere planning and preparation do not satisfy the elements of attempted murder. The act can be satisfied by a physical touching, shooting, stabbing, or other act that could foreseeably result in the death of another person. There mere act of obtaining the gun, knife, or other weapon by itself is not sufficient.
Intent to Kill: The act of harming someone, without more, does not satisfy the intent element. There must be evidence of the actual intent to kill the person. In other words, you must commit and act that could foreseeably result in death.
Defenses: Just as with murder, certain defenses can excuse, or mitigate attempted murder charges. Self defense or defense of another is a complete defense to attempted murder. If you believe your life, or the life of someone else is in danger, and you act in self defense of the defense of another, you are not guilty of the criminal of attempted murder. They key is that belief must be reasonable.
Both the imperfect self-defense and heat of passion defense can reduce your charges from attempted murder to attempted voluntary manslaughter. In other words, if you have an actual belief in the need to act in self defense, but that belief is not reasonable, the crime is mitigated to voluntary manslaughter, rather than attempted murder. Furthermore, if you act in the heat of passion, the crime of attempted manslaughter is committed, not the crime of attempted murder.
Punishment: Attempted premeditated murder carries a 15 year to life in state prison with the possibility of parole. You will be eligible for parole after you serve 85% of the term in state prison. Attempted non-premeditated murder carries a sentence of up to nine years in state prison. Attempted voluntary manslaughter carries a sentence of up to 10 years in state prison.Attempted Murder Defense Attorney
The crime of attempted murder is very serious and law surrounding it is complicated. You need an attorney with a proven track record, and the knowledge and experience to guide your case through the criminal justice system
If you are accused of attempted murder of another person, even the act was by accident, in any court in Riverside County, do not have any contact with law enforcement, or discuss your case with any person. Immediately contact experienced homicide defense attorney Karen E. Lockhart at 951-698-5191. We located in Murrieta at the Murrieta - Temecula border, just a few miles from the Southwest Justice Center and Southwest Detention Center. You need an attorney who has the confidence, the experience, and the knowledge to win an attempted murder charge.