Few crimes have consequences as serious as attempted murder. Attempted murder is just short of possibly the most serious crime of all: murder. Attempted murder is most easily defined as actions that intended to cause the death of another human being. It is worth noting here that evidence of planning to commit murder is not generally viewed as attempted murder. What sets attempted murder apart is the action, or lack thereof, in a given case. If a defendant omits to do anything, also with the desired end result of murder, this is considered attempted murder as well.
For example, this does not mean failing to administer CPR on someone who is choking if you do not know how, or not jumping into a river to save someone from drowning if you do not know how to swim. In each charge of attempted murder, the prosecution must prove, beyond all reasonable doubt, that it was the defendant's aim to end the life of the victim, either actively or passively. The details of each case are different and really require the careful scrutiny of a criminal defense attorney with extensive knowledge of the legal precedence and procedure in murder and attempted murder cases.
Retaining the services of a skilled criminal defense attorney really can mean the difference between life or death in an attempted murder case. In the state of California, there is no single penalty for an attempted murder conviction, but a variety of penalties that depend entirely on the facts of each case. Murder in self defense can be punished by one to 10 years in prison. If the prosecution can prove that the defendant planned to murder someone, a sentence of anywhere from 10 to 25 years in prison can be handed down, regardless of whether the planning and actions actually resulted in a loss of life. In some extreme instances, such as cases involving a child or minor, a judge can hand down a death sentence.
If you or someone you know has been charged with attempted murder, call the attorneys at Stephen G. Rodriguez & Associates right away. Keep in mind that as per the Miranda Warning that was given to you at the time of your arrest, you do not have to speak to law enforcement officials and you have a Constitutionally given right to speak with an attorney. Let an experienced criminal defense attorney guide you through a legal process that will affect you the rest of your life.
