It may seem all is lost. However, with the right murder defense attorney, there are a variety of legal defenses that can be used to combat Penal Code sections 664 and 187 PC California’s attempted murder charges. Some of the most common include (but are not limited to):
It cannot be proven that you had the “specific intent” to kill
Attempted murder inCaliforniarequires “specific intent.” This means that if you didn’t specifically intend to kill someone, you aren’t guilty of this offense. Depending on the circumstances, it could be very likely that you alternatively intended to
- maim the alleged victim, in violation of Penal Code 203 PCCalifornia’s mayhem law
- scare the alleged victim, in violation of Penal Code 240 PCCalifornia’s assault law or Penal Code 245 PCCalifornia’s “assault with a deadly weapon” law.
If it can be proven that you had an alternative motive such as committing one of these…or another less severe crime…you should be acquitted of the attempted murder charge.
You didn’t take the required “direct step”
Let’s say you did everything by the book.You prepared an elaborate plan to kill someone. You bought the weapons. You even meticulously wrote down exactly how the murder would take place and even make detailed arrangements for disposal of the body. However, if you failed to execute that direct first step, you aren’t guilty of violatingCalifornia’s “attempted murder” law.
And on that note, let’s say that you have made all of the above preparations but freely and voluntarily abandon your plan before taking the next step. Here, too, you did not violate this law.
However, if you take that “direct step” and then abandon any further efforts, you are still guilty of attempted murder.But, depending on the circumstances, a greatCaliforniacriminal defense attorney just may be able to persuade the prosecutor to reduce your charge during a plea negotiation.
You were falsely accused and/or wrongfully arrested
This defense can arise in almost an infinite number of situations. You could match the true suspect’s physical description — you could drive a similar car to that used during the commission of the offense — you could be guilty of another lesser offense that happened to take place in the same area and be incorrectly associated with the attempted murder.
For situations involving gang or group attacks, you could be falsely accused and wrongfully arrested simply based upon your ties to the gang or group.
You acted in accordance withCalifornia’s self-defense laws
California’s self-defense laws allow you to use reasonable force to defend yourself or another person if you reasonably believe that you or that other person is about to suffer imminent bodily harm. And if deadly force is used against you, you are allowed to counter with deadly force…even if you do not first retreat.
This means if you only attempt to kill someone because someone else is trying to kill you…during an incident which you did not provoke...California’s self-defense laws will excuse your otherwise criminal conduct.
The details are always all-important! Only the best attorney can help you.
Call Stephen Brodsky Right NOW for a Free Consultation 213-228-0050
Authorities will pressure you into revealing damning information, making convicting statements, offering a guilty plea…even if you’re innocent. The sheer volume of cases motivates the entire court system to demand criminal defendants to plead guilty at the very earliest stage of a case in order to move cases along.
Protect your freedom and your record! Call NOW for a free consultation with Los Angeles Criminal Attorney Steve Brodsky before your arraignment. Your free consultation will give you strong advice into toward your case. Do not automatically plead guilty.
There will be an invitation to discuss your major fears and concerns privately with me. You will be able to ask any and all questions you feel are important to your defense. In the end, you will be confident that we will be able to get you through this crisis.
Call Now. 213-228-0050