Attempted murder is a felony offense
Killing someone is a criminal offense, typically referred to as murder. However, in some cases, you can be charged with a crime — and spend the rest of your life in prison — for attempting to kill a person, even if you do not succeed. This is known as attempted murder.
According to a homicide attorney in Bakersfield, CA, there are two elements to an attempted murder charge. A prosecutor must prove each of these facts in order to convict you of attempted murder:
- You took at least one direct step towards killing another person; and
- You intended to kill that person.
Under California law, a direct step is more than just planning or preparing for a murder. You have to actually put the plan into action in order for it to be a “direct step.” For example, simply buying a gun because you want to kill someone is not considered a direct step. If you fire the gun towards or at that person, that is a direct step.
In addition, a prosecutor must be able to demonstrate that you intended to kill a person in order to convict you of attempted murder. If you get a gun and fire at a person’s knee (as opposed to the center of their body, where it would likely hit a vital organ), a skilled homicide attorney in Bakersfield, CA may argue that you did not intend to kill someone — that your goal was to injure them. While that would still lead to a criminal charge, it will not be as serious as attempted murder.
Importantly, a prosecutor does not have to show that you intended to kill a specific person. Instead, they only have to show that you intended to kill a person. If you participate in a drive-by shooting, for example, and fire into a group of people that you are angry at, it doesn’t matter that you didn’t have a specific target. You can still be charged with attempted murder if you intended to kill a person.
A seasoned homicide attorney in Bakersfield, CA can defend you against attempted murder charges in a number of ways. They may argue that you did not have the specific intent to kill anyone — that your plan was to scare or hurt someone. Alternatively, depending on the facts of the case your lawyer could argue that you were simply preparing to commit murder, but did not cross the line by taking a direct step. This may happen if you get everything ready in preparation to kill someone, then decide against doing it and don’t take any further action.
Attempted murder is a serious criminal offense. It is always a felony, but may be charged as either first or second-degree attempted murder. If you are convicted of first-degree attempted murder — that is, your actions were willful, deliberate and premeditated — then you may be sentenced to life in California state prison (with the possibility of parole). Any murder attempt that is not willful, deliberate and premeditated is classified as second-degree murder. This offense is punishable by 5, 7 or 9 years in prison. Attempted murder is a strike for purposes of California’s Three Strikes Law.
The Chambers Law Firm represents Californians who have been charged with murder and related charges. We offer free initial consultations with a homicide attorney in Bakersfield, CA. Contact us today at 714-760-4088 or dchambers@clfca.com to set up an appointment with a member of our team.
