Not every allegation of murder carries the same consequences. California State law separates murder accusations into first and second-degree murders, each with their own elements and potential penalties.
However, defendants may also face the maximum penalties available under California law for the mere attempt to murder another person, even if that attempt is unsuccessful. The Penal Code of California specifically allows for the imposition of the full penalties associated with a successful murder upon conviction for an attempted first-degree murder. Even attempted second-degree murder is a serious offense.
In any event, an Oakland attempted murder lawyer could help you if you are facing attempted murder of any level of severity. If retained, your dedicated criminal attorney could work to evaluate the prosecution’s case, conduct an independent investigation of available evidence, and present the jury with a nuanced and persuasive defense.
Murder in general is defined by California Penal Code §187. This statute states that murder is any unlawful killing with “malice aforethought.” Malice can either be express malice which is a phrase that refers to any period of time prior to the death in which the defendant had an unlawful intention to take a life. Implied malice refers to intentional actions committed by the defendant where the defendant knew that the natural and probable consequences of the act was dangerous to human life but acted with conscious disregard for human life anyway. Malice aforethought does not require hatred or ill will toward the victim.
There are two degrees of murder in California. Any murder that involves torture, the use of an explosive device, weapon of mass destruction, poison, armor piercing bullets, the presence of a deliberate premeditated plan, lying in wait for the victim, or a death that occurred during the commission of several enumerated felonies like rape, arson, robbery and kidnapping constitute first degree murder. All other murder falls under second degree murder.
Just because someone survives an attack does not mean that the alleged perpetrator cannot be charged with a crime. In fact, what might otherwise be classified as a mere assault and battery may be upgraded to attempted murder if the prosecutor believes that the defendant intended to kill the victim.
In any event, under California Penal Code §664(a), a conviction for attempted first-degree murder may be punished exactly the same as a completed first-degree murder—namely, by a life sentence in prison with the possibility of parole.
There is, however, an important difference between attempted second-degree murder and completed second-degree murder. For the former charge, the associated penalty may be five, seven, or nine years in prison. This is a marked reduction from the potential 15 years to life possible following a second-degree murder conviction.
Depending on the circumstances, attempted murder charges may be just as serious as if the target of the alleged attack was killed. Given this fact, you should be aware of your options to seek a reduction in your charges if you are facing such an accusation and wish to avoid the most serious potential penalties.
An Oakland attempted murder lawyer could fight to represent your interests and protect your rights in court. With a keen understanding of the law, a skilled attorney could argue in favor of the most positive outcome possible available to you, so call today to see what legal options may be available in your case.
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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Case Dismissed after Completion of Drug Court
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
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
