I’ve been defending attempted murder cases now for almost 30 years in the Los Angeles County courthouses, such as Van Nuys court, San Fernando court and the other courthouses in the greater Los Angeles area and the San Fernando Valley.
The best defense is someone who not only understands the law as it relates to attempted murder, but also is a power advocate for their client and can research and investigate and then attack the prosecutor’s case in such a way that they are unable to prove an attempted murder charge.
That’s certainly one aspect in defending an attempted murder case which is defined under California Penal Code 664.187.
Proving the Elements of the Crime
The prosecutors have to prove that somebody actually tried to kill another human being and the person they have charged with it is the one who did it.
There might be issues with either one or both of those elements of proving an attempted murder case.
Then, obviously, an experienced criminal defense attorney who knows the San Fernando Valley courts and knows how to deal with an attempted murder case in a jury trial setting is going to attack those issues and point out to the jury why the prosecutor hasn’t proved the case.
Sometimes you have a situation where somebody is defending themselves because they are attacked by another person and they are claiming self-defense or defense of another person, and therefore, they’re not guilty of the alleged attempted murder charge.
Other times, it’s an identification or a “who done it” situation; meaning, the person that they’re claiming is the one who is involved in the attempted murder is indicating they are not the one who did it.
Even though somebody might have been a true victim of an attempted murder case, the person that they’re charging is the wrong person.
Building a Defense Strategy
So, you really have to evaluate your particular case. The first thing I’m looking at and talking about with a client is, do we have a defense to the charge of attempted murder in Los Angeles?
If we do, then we start to build the case and we prepare to defend the case and try it:
- first at the preliminary hearing, which is an important stage of the proceedings, and
- then at the jury trial level.
If we don’t have a defense, if the prosecution has the evidence in the case, and that happens a lot, because if you think about it, why would they file the case if they didn’t have some sort of evidence.
So, if they’ve got the evidence, then a lot of times what we’re doing is trying to mitigate the circumstances.
Negotiation for Lesser Charges or Case Dismissal
For example, trying to avoid an attempted murder charge and trying to get something different — a charge less serious than attempted murder. For example, assault with a deadly weapon.
To me, that would be a lesser charge than attempted murder; or attempted voluntary manslaughter is another lesser charge to attempted murder.
Attempted murder with premeditation and deliberation carries with it 15 to life. Obviously, that’s not the charge you want to deal with if you’re facing a criminal case.
So, pick up the phone. Not all cases are the same. What we’re going to decide is what type of case you have and what the best defense is that is going to make sense for you, your family, your job, your loved ones, your future — ask to speak to Ron Hedding. Clearly, one of the goals is to come up with a plan so you can stay out of jail.
Set up a meeting with me. I’ve been doing this a long time. I first worked for the prosecutors in the early 1990’s.
Then I worked for a Superior Court Judge as I built my skill set to be able to defend somebody like you, and in 1994, I became a criminal defense attorney.
I’ve never looked back. I’ve defended thousands of clients in Los Angeles and the San Fernando Valley and many clients who were accused of attempted murder.
We’ve won jury trials; I’ve negotiated lesser pleas. It depends on your case. It depends on what the prosecutors are able to prove, what they can’t prove and what you and I decide is the best course of action.
Categorised in: Violent Crimes