Attempted murder is among the most serious crimes someone can be charged with, and carries some of the most severe consequences one can face in a California criminal case.  This article will explain the elements of the offense, the possible consequences of a conviction, possible defenses, as well as examples of when an attempted murder charge might arise.  This article is not legal advice, and it is recommended that you discuss your case, especially one of such severity, with an attorney.  Many criminal defense attorneys in Los Angeles offer Free Consultations, myself included.

If you or a loved one has been arrested and/or charged with attempted murder, a different homicide offense or another violent crime, contact the Law Offices of Nicholas Loncar for a Free Consultation about your case.  We can discuss your case in detail, evaluating the strength of the government's case against you, as well evaluating any defenses you might have to fight your serious felony charges.

ATTEMPTED MURDER ELEMENTS
A person may be proven guilty of attempted murder, pursuant to Penal Code Sections 187 (Murder) and 664 (Attempt), if the government can prove two separate elements beyond a reasonable doubt.  Those to elements are:

1.  The defendant to a DIRECT STEP toward committing a murder
2.  The defendant intended to kill a person

Proving these two elements can be difficult especially when the government has a viable defense attorney opponent protecting the rights of the defendant. 

RELATED OFFENSES
Similar, even identical, factual scenarios can give rise to different charges.  Attempted murder can become murder if a victim later dies from injuries sustained during an attack.  Conversely, the prosecuting agency may feel that they lack evidence of intent to kill and charge aggravated assault instead.  Assault with a deadly weapon and assault with force likely to produce great bodily injury (GBI) are two charges, found in Penal Code 245(a), that have some overlap with attempted murder.  Simply because a weapon or the force used in an attack has the potential to kill does not mean that attempted murder is the correct charge. 

MOST COMMON DEFENSES
1.  Self-Defense/Defense of Others - Use of lethal force can be lawful and legitimate if there was an
2.  Lack of Intent to Kill - the prosecution must show an intent to kill, not just an intent to injure or intend to harm.
3.  Lack of a DIRECT STEP - Planning to kill someone, or conspiring to kill someone are not enough for
4.  Mistaken Identification - the #1 reason people are wrongfully convicted.  Eyewitness testimony is much less reliable than people think. 
5.  False accusations - a "victim" might be lying, or have misinterpreted an accident as a violent act (for example, poisoning)

EXAMPLES OF ATTEMPTED MURDER CHARGES
1.  Rick, an experienced boxer, gets into a bar fight and seriously injures his opponent.  The victim is nearly dead and finds himself in the hospital in critical condition.  Rick is arrested and the officers book him for Attempted Murder.  The officers here made an error in judgement.  Despite Rick's abilities, and the victim's injuries, there is not enough evidence of intent to kill to justify an attempted murder charge.  These charges should be reduced to aggravated assault, and may be subject to California's self-defense law.

2.  Mike and Paul are gang-members seeking to enforce their boundaries against encroachers from a neighboring neighborhood.  They have machine guns and plan to ride by on their motorcycles and open fire on the group.  Paul changes his mind and says he will not go through with the plan just as they are about to head over.  Mike rides down the street and opens fire with the machine guns, shooting two guys in the leg.  Mike rides back down towards Paul and they are both cornered by LAPD officers.  Mike and Paul are both arrested and charged with attempted murder.  The charges are incorrect because Paul withdrew before committing a direct step to complete the attempted murder.  Mike did not intend to kill, aiming for his victims' legs.

3.  Jared is arrested because he fits the description of a convenience store armed robbery/shooting suspect.  The suspect shot the store clerk in the chest, and the clerk was transported to a hospital, where he survives.  Jared was handcuffed outside when the police brought a witness (a customer in the store at the time of the shooting) by to identify him.  The witness positively IDs Jared.  Jared's attorney should argue that the identification was "suggestive" because he was in police custody.  Additionally, the fact that Jared was identified as the perpetrator while being the only option (as opposed to being picked out of a line-up or photo six-pack), makes the identification less reliable, and that is the only evidence tying Jared to the crime, who did not have a gun on him when arrested.

PENALTIES FOR ATTEMPTED MURDER IN CALIFORNIA
Attempted murder is a felony in California.  Like Murder (PC 187), Attempted murder is broken down into two categories: first-degree attempted murder and second-degree attempted murder.  First degree (premeditated) attempted murder is punishable by life in prison.  Second-degree attempted murder is punishable by up to nine years in prison.

Being arrested or charged with a crime is scary, stressful and can completely ruin your life.  When those charges are as serious as attempted murder, those negative feelings and consequences become amplified.  If you or a loved one is facing these serious charges, you need a passionate, aggressive attorney on your side, fighting for you, asserting any defenses you may have and working tirelessly to get the best possible outcome.  In this important time, you'll want to consult with a few attorneys, get an idea of their experience in the field, their ability, their familiarity with the courthouse, judges and prosecutors involved in your case, and of course you need to find an attorney that you trust and have confidence in.  I invite you to contact my office for a Free Consultation to discuss your case and to see how our office might be able to help you through this terrible situation.