Our Lemon Grove attempted murder lawyer knows that the crime is very serious in the state. Thus, the penalties reflect the severity of the offense. Attempted murder has life-changing consequences. Therefore, we recommend hiring the best criminal defense attorney. Continue reading to learn more about the crime, its penalties, and how our lawyers will defend you.
How does the law define attempted murder?
- The California Penal Code 664 and 187 define the attempted murder in detail. Initially, you intended to kill someone.
- Secondly, you did the steps with a direct link to killing the person. However, the victim did not die. The law elaborates on the term direct steps. It means you prepared and planned to murder someone. Subsequently, it means you acted on the plan as well.
- The plan involved the intention to kill someone. The penal code called it specific content.
- The California Penal Code has two degrees of offenses that you will encounter under Penal Code 664 and 187.
- The court will convict the accused of first-degree attempted murder if the actions show premeditation. The accused willingly acted on the plan.
- On the other hand, second-degree attempted murder conviction takes place if the crime does not involve deliberate actions or intent.
- Even though the conviction process looks very simple, the Lemon Grove attempted murder lawyer understands the law is complex. Therefore, you must have retained a skilled lawyer if the agencies are investigating you for an attempted murder. A lawyer is necessary if law enforcement has already arrested you.
- On the other hand, a police arrest does not mean you are guilty. Our Lemon Grove attempted murder lawyer interprets the laws technically. We are the help you need!
What are the penalties for attempted murder?
Our Lemon Grove attempted murder lawyer will warn the clients that the consequences of a first-degree conviction are quite severe. The court will order the following:
Initially, the court will order the convicted to spend a lifetime in prison. However, the possibility of parole is unique. The California Parole Board will hear the circumstances of the case from your Lemon Grove attempted murder lawyer and the prosecution.
The felon is sent to five, seven, and nine years in state prison after the court convicts the accused of second-degree attempted murder.
Additional Fines
The murder conviction involves additional penalties as well. The consequences do not factor in the severity of the offenses.
- Firstly, you pay a fine of $10,000.
- The court will apply California Penal Code 29800. It involves a felon with a firearm. Consequently, you lose the right to purchase, possess, or own a firearm.
- Lastly, the convicted pays restitution to the victim.
The court will consider an attempted murder conviction under the Penal Code 664 a strike under the California Law. As a result, the second strike will result in double the fines and jail. Lastly, if the court convicts you a third time, you are sent to a state prison for 25 years to life.
The consequences of murder
You will need help from an expert Lemon Grove attempted murder lawyer because the penalties for murder are very harsh.
- If the court convicts you under the Penal Code 187a, the judge is charging you with first-degree murder.
- Initially, you will spend 25 years to a life in prison. However, the life sentence does not include parole.
If the court convicts the accused of second-degree murder, the judge will send you to 15 years to life in prison. However, the court may send the convicted to prison for 20 to 25 years instead. The life sentence does not include parole.
Other consequences
The Penal Code section 246 discusses the penalties for attempted murder with a firearm. The accused aimed for a dwelling. Even though our Lemon Grove attempted murder lawyer will argue that no one lived in the house, the judge will follow the law:
- The convicted pays fines of $10,000.
- In addition, the court sends the convict to six months to one year in jail.
- In contrast, the judge can send the convict to three, five, or seven years in a state prison.
The Penal Code Section 26100 accusation also requires help from the best Lemon Grove attempted murder lawyer. The crime involves shooting from a driving vehicle in an attempt to murder. The prosecution will file the charges if the outcome involves a fatal injury.
Lastly, the prosecution may argue in favor of adding to Penal Code 192a. In other words, the accused tried to kill the victim in the spur of the moment. If the prosecution proves the accusations, the court will add jail time of 5 and a half years in a state prison.
Which legal defenses does our Lemon Grove attempted murder lawyer use?
Our Lemon Grove attempted murder lawyers are very experienced in identifying the right strategy. However, they will share the plan after studying the case. Here are some of the legal defenses the lawyers use to convince the court of acquittal or minimum punishment.
- Firstly, the lawyer will argue the intent to kill.
- Secondly, the lawyer will argue the steps the accused took to commit the crime.
- In addition, the defense lawyer will argue the legality of the arrest.
- The lawyer can argue self-defense according to California laws.
- Had the circumstances gotten out of control, did the accused walk away from the crime?
- Did the victim in an accidental death? The prosecution must prove the premeditation.
- Lastly, did the accused intend to harm the victim physically?
When are you meeting with our Lemon Grove attempted murder lawyer?
Our Lemon Grove attempted murder lawyer will defend you in court against the accusations made according to Penal Code 664 or 187. You contact our team today if you are looking for respectful, skilled, and highly qualified legal representation,
Our defense team will fight for the most favorable outcome in each case. The first meeting is completely free. Schedule today.