Facing the potential of 7 years to life in prison, our team of experienced lawyers recently brought down a client’s charges for a pre-meditated attempted murder, assault with deadly weapon, and corporal injury to relationship partner.
Under California Penal Code § 664/187(a), attempted murder is defined as intending to kill the victim and taking a direct step towards killing them, however the victim does not die. The state must prove that the defendant was not simply acting recklessly or violently to harm the victim but truly meant to end their life. Under § 664/187(a), planning alone is not enough, the direct step must go beyond preparation and towards the execution of the plan such as lacing a someone’s drink with a lethal poison or stabbing someone in the chest or shooting a gun directly at someone.
Attempted murder is a serious felony in California, carrying serious weight and consequences for sentencing. Attempted first-degree murder means the defendant acted willfully, deliberately, and with premeditation which if found guilty may result in a penalty of life in prison with the possibility of parole. Additionally, if the victim is a police officer, firefighter, or protected class a minimum of 15 years will apply. Attempted second-degree murder means the defendant did intend to kill, but the act was not deliberate or premeditated. The penalty for attempted second-degree murder can be 5 years, 7 years, or 9 years in prison. Additionally, penalties for both attempted first-degree murder and attempted second-degree may include monetary penalties, loss of gun rights, immigration consequences, enhancements (Three-Strikes or Gang related). At Bay Area Criminal Lawyers, PC, we understand that being charged with attempted murder is extremely frightening and puts your future at stake.
Attorney David J. Cohen and Attorney Kayla N. Sparks mounted strong briefing pre-trial that allowed our client to be released without having to pay any bail. Our attorneys’ convincing arguments, thorough interviews, and robust cross-examination at the preliminary hearing led to a Superior Court judge dismissing the attempted murder charge that could have landed our client in prison for life.
Whether the right course of action is to go to trial or accept a plea bargain, your attorney can help guide you through the complex process at what is likely the most frightening time of your life. Guilty or innocent of the charges against you, it is essential to have a skilled murder defense attorney who can protect your rights and provide a strong, effective defense. We take each case personally, getting intensely involved in every aspect to attempt to secure the most favorable outcome for our clients.