Get the Facts About What the Prosecution Must Prove in a California Attempted Murder Case

Get the Facts About What the Prosecution Must Prove in a California Attempted Murder Case

If you have been arrested for a murder charge, such as attempted murder, the first thing to do is to understand the charge you are facing. Keep reading to learn what the prosecution must prove in order to earn a conviction. Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation with an experienced criminal defense attorney.

What is the Legal Definition of Attempted Murder?

In California, attempted murder refers to trying to killing someone but failing to do so. There are two main elements. First, the defendant must have taken at least one direct step toward killing the alleged victim. Second, the defendant must have intended to kill the alleged victim. For the purposes of this particular law, a fetus is considered a person.

They Must Prove You Have Taken a “Direct Step”

When the law refers to taking a “direct step,” this is more than just having planned the murder – it must involve putting that plan into action. The direct step must mean that the murder would have happened if it were not for an outside factor that got in the way.

For example, a direct step would include stabbing a person, paying a hitman to kill someone, or shooting a gun toward someone with the intent to hit them but missing. Examples of preparation that are not direct steps including buying a weapon to commit the crime, loading a gun, or googling “how to hide a body.”

They Must Prove You Intended to Kill Someone

Even if you meant to maim or seriously injure someone, this is not enough for an attempted murder conviction. The prosecution must prove that you intended to kill them. One essential part of proving this is looking at where the injuries occurred. Upper body injuries are more common when a person intended murder because that’s where vital organs are.

If a person injured someone in their lower body, then it is much harder to try to prove that they intended to kill the alleged victim.

The Kill Zone Theory Does Apply in California

One important thing to note is that the kill zone theory is used in this state, which means that if a person is attempting to kill someone, then they are liable for anyone they inadvertently kill in the process, even if the person killed was not their target. For example, if a person placed a bomb on a bus to kill the driver and the bomb did not go off, the prosecution could try the bomber with attempted murder for the bus driver and anyone else on the bus that would have likely died if the bomb had gone off.

If you have been charged with a serious crime like attempted murder, then you need a serious attorney who will fight for your rights. You have found that person in Chambers Law Firm at 714-760-4088. We are standing by to listen to your case and determine how we can best help you.

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