Violent Crime Cases Can Overwhelm You
As a Sacramento violent crime attorney, I can tell you that once you are charged with such an offense, you will soon find out how emotional everyone can be in these cases, including you. This highly charged environment where the victims and their families can put pressure on a prosecuting agency to charge someone with the crime. The penalties are often large prison sentences that involve penalizing someone with the status of a strike offense. A strike offense can increase future penalties for subsequent crimes, and can possibly cause a person to face 25 years to life in prison on a third strike.
If you don’t receive a proper defense, it is easy for the pressure of the prosecution and arresting police agencies to force you into an outcome that is not in your best interest. In these cases, you need a defense attorney who knows how to review the evidence the prosecution claims they have against you. Such evidence often includes eyewitness testimony that the prosecution may claim in indisputable. You need an attorney that knows how to evaluate testimony, obtain the correct experts throughout the Country that can help you dispute evidence, like an eyewitness expert, present facts that support your claims in a persuasive and organized manner. Such a well thought out approach can help diffuse emotions on both sides and lead to a just outcome.
As a former prosecutor and experienced criminal defense trial attorney, I know how to persuasively argue the facts of your case to put you in the best position to win. I can be an effective Sacramento violent crime attorney and assist you in dealing with the situation and obtaining a suitable outcome.
An overview of attempted murder
The charge of attempted murder requires that the accused had the intent to commit a killing, took steps toward the commission of the crime but did not actually complete the crime.
“Intent” to commit the crime
Take at least one overt act or direct step to carry out the crime.
To prove “intent” a prosecutor needs to show the accused had the mental state to commit the crime. The intent element is typically the same as the one required to prove a murder charge. To establish the second element, the “direct step,” a prosecutor must show the accused did something beyond mere preparation to commit the crime. There must be some evidence the defendant intended to follow through with their preparations.
California Attempted Murder
California attempted murder is codified under California Penal Code sections 667, and 187. California Penal Code 664 defines what attempt is while California Penal Code 187, defines murder.
Just like actual murder is divided into first degree murder and second degree murder, attempted murder is divided into the same degrees, based on the penal code. The distinction between first and second degree is codified in California Penal Code Section 189. The law states that all murder which is done by means of a destructive or explosive, armor-piercing ammunition, a weapon of mass destruction, deadly chemical or poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing is murder in the first degree. First degree murder also includes murder that is committed during certain crimes or attempts of certain crimes such as: arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, certain enumerated sex crimes, firing a gun from a car intentionally at another person outside of the car with the intent to cause death. Any other murder or attempted murder qualifies as a second degree murder or attempted murder.
If you have been accused of premeditated first degree attempted murder or second degree murder call me right away. The way you react to the accusation and interact with police and prosecuting agencies is key to helping put your case on the correct footing. Such a serious charge cannot be treated lightly as government’s best detectives and prosecutors typically will be looking into the murder charge trying to make someone responsible.
In legal terms, manslaughter is a homicide without malice aforethought. Simply put, it is the killing of another but without the intent required in a charge of murder such as crimes committed in the heat of passion. In most cases where a killing occurred, the prosecution will charge murder. Manslaughter may be the most appropriate classification of an event that at first glance appears to be a murder and the penalties are significantly less. When a death occurs at the hands of another and it was done with without intent Manslaughter needs to looked at as a possible defense by an experienced defense attorney that has taken many cases to jury. Manslaughter can classified as either voluntary or involuntary.
Voluntary manslaughter is more commonly known as “heat of passion” homicide. One of the most common law school examples used to explain this crime is the scenario where a husband walks in on his wife and finds her with another man and then husband in that moment of anger and surprise commits a murder. California also recognizes this murder that stemmed from the overwhelming surprise stimulus of seeing a wife with another man in his bedroom, even though still a serious crime, it is not viewed as cold blooded premeditated murder. The stimulus one is confronted with must be of the type that a reasonable person would find it would create a “heat of passion” type reaction in another reasonable person.
To reach the lesser involuntary manslaughter charge, the law again considerers a person’s state of mind and intent. Involuntary manslaughter is reached when the evidence shows that the person accused of a killing acted:
Without intent to kill, and
Without conscious regard to human life
While often confused, this crime is not necessarily a murder that occurs by accident. The crime of involuntary manslaughter presumes the accused acted with a high risk to human life. Separate vehicular manslaughter laws deal with a killing with the use of a car.
Having an attorney who is familiar with the nuances of murder and manslaughter charges is crucial to receiving an adequate defense. Whether an accused person is convicted of murder or manslaughter makes a very big difference in sentencing. I know and understand a good defense comes from the details surrounding each individual case and will build your defense case according to your individual situation.
A Murder Charge Can Be Overcome With The Right Attorney
One may feel that one’s life is over if they are charged with Murder. The thought of a death sentence or life imprisonment can almost be too much for anyone to handle facing. It is important that an attorney help guide you through the process without losing hope. An Attorney that has access to top experts and jury trial experience in key. I am that attorney. I can help guide you through such a daunting charge and keep you focused on seeing your freedom.