August 16, 2017

 

Criminal cases often deal with the mindset of the defendant. What was that person thinking at the time when the crime was allegedly committed? What were they feeling? Did they voluntarily act upon those feelings? This is the case with attempted murder.

In order to be convicted of attempted murder under PC 664, one key element that the prosecution must prove is that you had the intent to kill the alleged victim. If you are charged with attempted murder, your case might come down to whether the jury believes you had the intent to kill someone.

Can You Be Convicted of Attempted Murder Without Intent?

In order to be convicted of attempted murder, the prosecution must prove that you intended that the alleged victim die as a result of your actions. Your intent is extremely important. If you performed an act in order hurt someone and you did not have the intent to kill the alleged victim, it is not enough to convict you of attempted murder.

Suppose you and another person have a bet on a football game. Your team loses, and the other person starts yelling at you, taunting you and your team. As the winner turns around and walks away, you angrily throw a beer bottle with the intent of hitting him in the back. You lose your grip while throwing, and instead, the bottle hits the wall next to his head. Had you hit him in the head, it is possible that you could have fractured his skull and killed him. However, your intent was to hurt him, not kill him. Based on these facts, it is highly unlikely that you could be convicted of attempted murder.

It is important to realize that you may be convicted of attempted murder if the result of your actions was injury to any person. For example, you are angry at someone and you follow him home without his knowledge. You wait until he goes inside his apartment and you set fire to his home. Inside, his roommate is severely burned. The prosecution will argue that your actions reveal that you had the intent to kill someone in the apartment. The fact that you injured a person other than person you intended to kill is not a valid defense in this case.

Call the Attempted Murder Defense Attorneys at Wallin & Klarich Today

If you are accused of the serious crime of attempted murder, the prosecution will do its best to prove that you intended to kill someone. This is why you need an experienced criminal defense attorney who can argue zealously against the prosecution. At Wallin & Klarich, our skilled team of criminal defense attorneys has been successfully defending clients in attempted murder and serious felony cases for over 35 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.

Author

Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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