How To Beat An Attempted Murder Charge – Penal Code Sections 187, 664

Facing an attempted murder charge in California is a daunting experience that can have life-changing consequences. The gravity of the situation demands a thorough understanding of the law and strategic planning to mount an effective defense. This blog post aims to provide insights on relevant California penal code sections for attempted murder, strong defense strategies, and the importance of strong legal counsel.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.

Penal Code Sections in California for Attempted Murder

California addresses the crime of attempted murder primarily through two specific Penal Code sections:

Penal Code Sections 187 and 664

• Penal Code Section 187: This section defines murder as the unlawful killing of a human being or a fetus with malice aforethought. It establishes the groundwork for understanding what constitutes an intention to kill.
• Penal Code Section 664: This section discusses general attempts to commit a crime. When combined with Section 187, it specifically addresses the act of attempting to commit murder. It outlines that any person who attempts any crime but fails or is prevented or intercepted in its perpetration is guilty of attempt.

By combining these two sections, California law clearly presents how an attempted murder charge is formulated. The intent to kill must be evident, and a direct, ineffectual step toward the commission of the murder must be taken.

Understanding these penal code sections is essential for anyone facing such charges and preparing their defense. With this understanding and the advice of an experienced criminal defense attorney, an accused individual will be better equipped to defend against their attempted murder charge.

Best Defense Strategies for Attempted Murder

Crafting an effective defense strategy for an attempted murder charge requires a thorough understanding of the law, careful analysis of the evidence, and the ability to present compelling arguments. Here are some of the best defense strategies:

Establishing an Alibi

Creating a strong alibi is often one of the most compelling defenses. Providing credible evidence that you were not at the scene of the crime, such as witness statements, video surveillance, or digital footprints, can significantly undermine the prosecution’s case.

Self-Defense and Defense of Others

If your experienced criminal defense attorney can demonstrate that your actions were in response to an immediate threat, you may be justified under the law. Evidence that shows you acted to protect yourself or another person from imminent harm can lead to a favorable outcome. Documentation of any injuries, threats, or past altercations with the alleged victim can bolster this defense.

Lack of Intent to Kill

One of the key elements the prosecution must prove is the specific intent to kill. If your criminal defense lawyer can show that your actions were not intended to result in death, but rather were accidental or meant to cause less severe harm, you may reduce or eliminate the charges. This might involve expert testimony on your state of mind, the nature of your actions, or any mitigating circumstances.

Insufficient Evidence

Challenging the strength and credibility of the prosecution’s evidence can be an effective strategy. Highlighting inconsistencies, lack of reliable witnesses, or gaps in the forensic evidence can introduce reasonable doubt. This defense often relies on thorough cross-examination of witnesses and expert analysis of the evidence.

Mistaken Identity

In some cases, mistaken identity may be a viable defense if the evidence suggests that someone else could have committed the crime. Eyewitness testimonies are often unreliable. By presenting alternative suspects, evidence of your whereabouts, or discrepancies in the description of the perpetrator, your criminal defense attorney can create doubt about the accused individual’s identification.

Coerced Confessions and Unlawful Investigations

If law enforcement violated your rights during the arrest or investigation, any evidence law enforcement obtained might be inadmissible. Coerced confessions, unlawful searches, or improper handling of evidence can be grounds for dismissing the charges. Your criminal defense attorney can file motions to suppress such evidence and challenge the legality of the prosecution’s case.

These strategies, when effectively employed by an experienced criminal defense attorney, can significantly impact the outcome of an attempted murder case. Understanding the nuances of each defense and how they apply to the specifics of your case is crucial in formulating a strong defense.

The Importance of Legal Representation

An experienced criminal defense attorney is indispensable in navigating the complexities of an attempted murder charge. They bring expertise in criminal law, investigatory skills, and strategic thinking to your case. From questioning the legality of your arrest to challenging the admissibility of evidence, an experienced criminal defense attorney can significantly impact the outcome.

Contact Wallin & Klarich Today

If you are facing an attempted murder charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.