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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Dublin Attempted Murder Lawyer

When facing serious criminal allegations, you might be overwhelmed and worried about the penalties you face, along with the potential for financial, social, and professional losses. However, you do not have to navigate the legal system alone. If you were charged with attempted homicide, you might wish to reach out to a Dublin attempted murder to discuss your circumstances.

If handled improperly, even a criminal accusation may have a lasting impact on your reputation in your community, possibly affecting your ability to get a job or secure housing. Because of this, it might prove valuable to have someone on your side who is familiar with the local laws and has experience working within the legal system. A tenacious criminal defense attorney could work tirelessly to build a strong defense with the goal of protecting your rights.

Laws Regarding Attempted Murder

For a charge of attempted murder, it is required under California Penal Code §187 and §188 that there be evidence of “malice aforethought.” Essentially, this means a plan to carry out the deliberate killing of another person. When steps are taken to carry out the action, but it does not result in an actual homicide, it is then considered attempted murder.

When considering this charge in Dublin, however, the court system may follow the same laws it would for murder — as if it had been completed. Specifically, there are two levels of murder charges defined in the California Penal Code: murder of the first or second degree.

Murder of the First Degree

A murder of the first degree, detailed in C.A.P.C. §189, includes planned homicides that involve the use of a lethal weapon or homicides that were planned to occur during another crime, including:

  • Kidnapping
  • Arson
  • Burglary or robbery
  • Rape

Murder of the Second Degree

Other acts of killing with intent are deemed to be a murder of the second degree. To convict on charges of attempted murder, then, C.A.P.C §664(a) dictates that the prosecution must prove that the defendant planned an action with the purpose of ending another person’s life. If you are facing charges of attempted murder, a determined Dublin attempted murder lawyer could work to demonstrate the lack of intent necessary for conviction.

Potential Penalties for Conviction in Dublin

As outlined in C.A.P.C §644, the state might punish an attempted criminal action by half the period of imprisonment that would be given for a sentence resulting from the completed act. However, in the case of attempted murder, the court might sentence a convicted defendant to life in prison with the possibility of parole, if they determine that the attempted homicide was premeditated.

Certain circumstances during an attempted violent act may also impact sentencing. For example, one factor is the involvement of a public servant — such as a police officer or firefighter. In this situation, under C.A.P.C §664(f), convicted individuals may face a minimum of 15 years in jail before they are eligible for parole.  Due to the potential severity of a conviction in Dublin, a person accused of attempted murder may benefit from speaking with a dedicated attorney who could outline all the factors that may influence a court’s decision during a case.

Seek the Services of a Dublin Attempted Murder Attorney

If you are facing violent criminal charges, you may want to enlist the assistance of a Dublin attempted murder lawyer. It might be difficult to predict what may happen during the legal proceedings, especially if you are underrepresented.

Instead of building a defense alone, consider seeking the aid and knowledge of a defense attorney. You may find the assistance of a legal representative who is familiar with the local court system and laws invaluable. For more information about how skilled legal counsel might help, call today.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer