Under California law, attempted murder is when you intent to kill someone and take a direct step in doing so but that person does not die.
The punishment for attempted murder is nearly as severe as that for actual murder. In order to be convicted of attempted murder, the prosecutor must prove the two elements of the crime beyond a reasonable doubt. If the prosecutor can successfully convince a jury that you are guilty then you will face severe charges.
You can either be charged with first-degree attempted murder or second-degree attempted murder. Punishment for first degree and second degree includes life in prison with the possibility of parole, victim restitution, up to $10,000 in fines, no longer have the right to carry, own, possess or acquire a firearm and receive a strike in accordance to California’s Three Strikes Laws. If you’ve been charged with attempted murder, contact an experienced Sacramento criminal defense attorney who can help you as there are legal defenses you can take.
Such defense is not having the “specific intent” to kill. If you didn’t specifically intend to kill someone, you aren’t guilty of this offense. Another defense is if you didn’t take the required “direct step”. Even if you prepare an elaborate plan to kill someone and take every steps to ensure it will go through but are caught before you execute the next step, you aren’t guilty of violating California’s “attempted murder” law.
However, if you take the direct step and then abandon any further efforts, you are still guilty of attempted murder. Another defense is if you were falsely accused or wrongfully arrested, or you were acting in self defense.
Remember, attempted murder is known as a violent felony. That means a charge for attempted murder will result in a strike on your criminal record. If you have been convicted of a third felony and you have two prior strikes, you will be referred to as a “third strike” and will serve a mandatory minimum sentence of 25 years-to-life in California state prison. The best thing to do is contact an experienced criminal defense attorney who can help with your case specifically.
Contact an experienced Sacramento criminal defense attorney who can help you immediately.