Attempted murder is a crime that is punishable according to California state law. By definition, attempted murder is the act of deliberately and intentionally setting out to take another person’s life. In a court of law, the act is punishable if it can be proven that the individual or individuals accused of said act did so not only with purposeful intent, but also committed some sort of preparation or made a significant step towards committing the crime.
California Penal Code, Section 664, states that any “person who attempts to commit any crime, but fails…shall be punished where no provision is made by law for the punishment of those attempts.” In regard to attempted murder, the law states that those convicted of the crime may serve half of the prison sentence that they otherwise would have been dealt had the act of attempted murder been successful. Ultimately, sentencing is dependant upon whether or not “the attempted murder was willful deliberate, and premeditated.”
However, the most problematic issue surrounding the crime of attempted murder surrounds interpretation of what exactly qualifies as willful and premeditated behavior. In the event that an individual is accused of attempted murder, the best course of action always involves retaining the services of an experienced defense attorney who will examine the circumstances surrounding the charges and mount the strongest possible defense given those circumstances of behalf of the accused. It is important to remember that an accusation is hardly representative of guilt, and all individuals are in fact innocent until proven guilty in a court of law.
Preparing to commit the act of murder, or even talking about it, is not grounds for an attempted murder conviction. While evidence may appear as though is marks a clear intent and planning to commit murder, interpretation of that evidence is key. In California, a skilled Newport Beach defense lawyer will examine the evidence and build a strong case on behalf of the accused.
Newport Beach criminal defense attorney Maltaise Cini represents clients who have been accused of a variety of crimes in California, including an attempted murder. If you or a loved one stands accused, please contact Maltaise Cini, Attorney At Law, for more information about your defense, as well as a free consultation of your case. Call (949) 660-1389 today.