When it comes to attempted murder in the San Fernando Valley courthouses, I find a lot of these cases over the many years that I’ve been practicing and there’s a number of different angles that can be taken on these attempted murder cases depending on the circumstances of the case, the witnesses and exactly what happened in the case. Attempted murder is described under California Penal Code 664/187.
A lot of times though, what I’m seeing is that the defendant has the argument that they did not specifically intend to kill the other party or something – some substance or some other issue – caused them to not be able to form the specific intent to kill.
This is crucial because unless the prosecutors can prove that someone was intending to kill another person, they cannot charge them with attempted murder.
Obviously, if somebody fires a weapon at another person at point-blank range, prosecutors are probably not going to have much difficulty convicting them of attempted murder, assuming that the other person is not armed with a weapon themselves.
But there are other cases where people cannot form the specific intent to kill or did not, under the circumstances – for example, if someone attacks another party and then gets the better of them and then decides to break off the attack before they kill them – then the defense would obviously have a built-in argument that they were not intending to kill that party because they broke off the attack.
If they wanted to kill them, they would have kept doing whatever it was they were violently doing in order to complete the attempted murder case.
So, really intent is one of the biggest issues when it comes to attempted murder cases in the San Fernando Valley and one of the best defenses is that the person did not intend to kill the other party and, therefore, cannot be convicted of attempted murder.
Defenses To Attempted Murder In The San Fernando Valley?
There are absolutely defenses. Self-defense and defense of others are definitely two defenses that can be used. Of course, reasonableness is going to creep in as to whether or not someone is going to be convicted in the San Fernando Valley of attempted murder.
If they weren’t acting reasonably in trying to defend themselves, then obviously they’re not going to be able to use that defense. If on the other hand, the alleged victim attacks the person with deadly force and the other person reasonably responds in kind with deadly force and then the police arrest somebody and charge them with attempted murder, they would certainly have the defense of self-defense.
The same goes for if you’re trying to defend another individual, as long as you’re acting reasonable and not using too much force under the circumstances, you could certainly utilize this defense in an attempted murder case in one of the San Fernando Valley courts.
Defense of property is usually not going to be a situation where somebody can assert this defense in an attempted murder case. You cannot use deadly force typically to defend your property.
If somebody comes on your property to commit a burglary for example and you’re afraid for your life or your family’s life, then you could certainly make that argument – the reason I used deadly force is I thought they were going to hurt me and my family or kill us just based on the circumstances.
But, if somebody was running out of your house with a TV in their hand with their back turned, you certainly cannot shoot them in the back because that would be using deadly force under circumstances where you’re really just protecting property and the law doesn’t allow that.
Some people don’t like this fact, but it is a fact. It is true. So, you certainly cannot use deadly force when it comes to protecting property.
Strategies Valley Courts for An Attempted Murder Case?
For one thing, you have to realize that you’re typically going to get a conservative jury pool made up of older, retired people that probably live in the San Fernando Valley or close to it and are going to be concerned for their own well-being when they see a serious criminal case pending where someone is charged with attempting to kill another person.
That’s where a good criminal defense attorney has to come in and try to turn the tide in their client’s favor and make it clear that whatever defense is going to be asserted is applicable in this case and show them why the person should not be convicted of attempted murder.
This is not always easy to do because the prosecutors have charged somebody with it. There’s a judge and a trial so people figure well, the person must have done something wrong.
This is, again, where a good defense attorney has to put the jury on notice that that’s not the right way to handle things and people are presumed innocent and the prosecutors – unless they can put the evidence on to prove the case – the person has to be found not guilty – even they’re charged with attempted murder. That doesn’t necessarily mean that they must be convicted of it.
Consult with San Fernando Valley Criminal Lawyer
So, if you or a loved one is charged with attempted murder, you need to see an attorney as soon as possible and start the defense process because in these attempted murder cases in the San Fernando Valley they are going to assign the best detectives – whether it be West Valley, Topanga, Mission – any of these police stations have good detectives.
When it comes to serious cases they put their best on them. Again, they have unlimited money and they are going to work hand-in-hand with the prosecutors in trying to convict somebody who is charged with attempted murder and they will spare no cost and go all-out in their pursuant of getting the conviction.
That’s why you have to match this with a great criminal defense attorney by your side who knows how to handle attempted murder cases in the San Fernando Valley courthouses. Contact the Hedding Law Firm for help.
For more information on Defending Attempted Murder In California, a free initial consultation is your next step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.