California prosecutors can charge this crime if you intend to kill someone and take steps towards doing so, but he or she does not die.
While many of us have picked up a lot of legal terminology due to the number of legal and police shows on TV, the reality is that the law is complex. This is especially true when it comes to how murder is defined under California law. As a seasoned murder defense lawyer Orange County, CA can explain, California prosecutors can charge unlawful killings as either first-degree or second-degree murder. In cases where a person may have intended to kill someone and actually taken steps to do so, but the alleged victim did not die, a prosecutor may be able to charge that person with the crime of attempted murder.
Under California law, a prosecutor can charge a person with attempted murder if he or she can prove that:
He or she took at least one direct step towards killing another person or fetus; and
He or she intended to kill that person or fetus.
A direct step requires more than simply planning, preparing or arranging for a murder. In order for a prosecutor to successfully prove an attempted murder charge against a person, that person must have put the plan into action. The plan must have been put in motion so that the murder would have been completed if an outside factor did not stop the murder. For example, if a woman bought poison as part of a plan to kill her husband, but never took the poison out of the package, it would not be considered attempted murder because she did not take a direct step — all she did was plan or prepare for the murder.
Importantly, a person must also have an intent to kill another person in order to be charged with attempted murder. It isn’t enough to want to harm another person. In the poison example above, if the wife just wanted to make her husband ill, then it wouldn’t be attempted murder even if she put the poison in his food or drink, because she did not have an intent to kill him.
Attempted murder is a felony offense under California law. According to a murder defense lawyer Orange County, CA, the penalties for attempted murder will vary based on whether it is charged as first-degree or second-degree attempted murder. For first-degree attempted murder, the potential punishments include life in prison without the possibility of parole. Second-degree attempted murder carries a potential sentence of 5 to 9 years in prison.
There are potential defenses to the crime of attempted murder. A murder defense lawyer Orange County, CA can argue that you lacked the intent to kill someone — which means that you cannot be charged with attempted murder. Similarly, if you did not take a direct step towards committing the crime, then the prosecutor cannot prove the elements of California attempted murder. A murder defense lawyer Orange County, CA may also argue that you were falsely accused, or that you acted in self defense.
Like all murder charges, attempted murder is a serious criminal offense. Having a highly skilled murder defense lawyer Orange County, CA can make the difference in obtaining a favorable outcome. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help you if you have been charged with attempted murder or any related crime.
