Even if it stems from an incident in which no one suffered any physical harm, an attempted murder charge can have incredibly severe consequences. Attempted murder is considered a violent felony offense, and it can have the same penalties as a murder charge if you are convicted.
You should strongly consider contacting an Alameda attempted murder lawyer as soon as you become aware of the allegations against you. Given the gravity of these charges, working with a seasoned criminal defense attorney may be the most effective means of seeking a positive resolution to your case.
California Penal Code §664 sets forth the general attempt law that applies to all criminal offenses, as well as specific provisions that apply solely to attempted murder crimes. Under this statute, if the crime that individuals attempt to commit is willful, deliberate, and premeditated murder, then the sentence is life in prison with the possibility of parole. In the absence of evidence of premeditation, the potential prison sentence may be five, seven, or nine years.
To obtain a conviction, the prosecution must prove beyond a reasonable doubt not only that you intended to kill the other person, but also that you took a direct step toward carrying out the murder. An experienced Alameda attempted murder attorney may be able to evaluate the evidence against you and determine the best course of action for your particular circumstances.
Cal. Pen. Code §664 also provides for enhanced penalties when individuals knowingly try to kill peace officers, firefighters, or jail or prison officers or employees. If there is evidence that the attempted murder of one of these individuals was willful, deliberate, and premeditated, the potential penalty ranges from a minimum of 15 years to a maximum of life in prison. In this situation, a convicted person would not be eligible for release until after serving the first 15 years of his or her sentence.
The prosecution has the burden of proving specific elements of attempted murder:
First, the prosecution must provide evidence that the defendant intended to kill someone. Evidence which shows that he or she merely tried to maim, wound, or scare someone is insufficient.
For instance, if someone purposely shot someone else in the leg, it may be difficult for the prosecution to prove that they intended to kill rather than just wound that person. However, it should be noted that the prosecution is not required to prove the defendant intended to kill a specific person or identify a person as the primary target in a murder attempt.
Finally, the prosecution must provide proof that the accused individual took a deliberate step toward carrying out the intended murder. An overt step toward the completion of a crime is more than planning or preparing to commit the crime. As an attempted murder lawyer in Alameda may advise, buying a weapon to commit murder but taking no further action is not likely enough to support an attempted murder charge.
The penalties for any attempted murder offense are stiff, even in the absence of premeditation or deliberate intent. Collateral consequences also may apply if you are convicted of attempted murder.
Your conviction will create a “strike” on your record for the California three strikes law, which can result in lengthier sentences for future convictions. You also will have a felony conviction that eliminates some of your civil rights, such as the right to possess firearms under any circumstances.
Since the stakes in this situation are so high, you may wish to consult an Alameda attempted murder lawyer for advice. Call today to schedule a confidential consultation.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
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All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
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