Attempted murder crime refers to the attempt and purpose to kill or murder another person meaning that the offender either tried to murder and failed. In order to accuse someone of this crime it must be proved that there was a clear intention to murder another person and that a clear step or action was taken towards succeding but failling at the end.
The steps or actions that have to be done in a case of attempted murder has to be more than just planning or preparation of the murder. The person has to take substantial steps, or in some cases just a few steps ahead, of planning and perform any action that leads to the death of another person. For example, attempted to shoot the victim and missed or shot the victim but he or she survived. Or in a substantial step example could be purchasing a firearm or other deadly weapon and communicating about his or her intent to kill. Therefore, in order to be an attempted murder crime there must be an specific intent to kill the victim by the accused and not just wound him or hurt him.
Attempted Murder Laws in California
California Penal Code Section 664/187(a) PC is the California statute that describes the crime of attempted murder in California as any person who intends to kill someone and he/she takes a direct active step towards killing that person. But the victim does not die as a result of such action. Like murder (PC 187) in California law the attempt murder is divided into two degrees under the law. First-degree attempted murder is premeditated, intentionally and willful by the accused. Second-degree is all other types of attempted murder.
Punishments for Attempted Murder in California
- The punishment for first-degree attempted murder is imprisonment for life with possibility of parole
- The punishment for second-degree attempted murder is up to 5, 7, and 9 years imprisonment
Defense for Attempted Murder charges in California
- Lack of evidence
- False accusation
- No intent to kill
- No active step to kill
California Federal Criminal Defense Attorney
Attempted murder crime is a serious criminal offense in California that carries severe and serious penalties if convicted. Therefore, getting in touch with an experienced criminal defense attorney is the best course of action. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.
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