Attempted Murder Lawyer in Santa Ana

Attempted murder is a serious charge, and conviction can result in severe penalties in California. Having a criminal defense attorney you can trust to build a solid defense for you is crucial. Contact the Law Office of Sheny Gutierrez to schedule a free in-person or phone consultation.

What is Attempted Murder?

Penal Code § 664/187 outlines attempted murder in California as an act in which someone tries but fails to kill the victim. Generally, there must be intent and attempt for an act to qualify as attempted murder, meaning the perpetrator must have taken action to try to kill the victim and must have meant for the action to cause their death.

Action

Taking a direct step toward killing someone involves going through an action that could result in death. In the context of attempted murder, the assumption exists that the action taken by the accused attacker would have resulted in the death of the victim had some other factor not been present.

Intent

There also needs to be an intention to kill someone, which prosecutors must prove. It is not sufficient to prove attempted murder if the attacker only meant to injure and not kill the victim.

Even if the action caused no injuries, you may be found guilty of attempted murder if the action and intent can be proven.

Kill Zone Theory

It is important to note that intent may be superseded or replaced when attempted murder charges include charges under California’s kill zone theory. This theory applies to situations where other people in the same vicinity as the intended target are injured or killed by the attacker. For example, if you fire a gun at someone but accidentally hit others, you are liable for harming those people. Under the kill zone theory, the perpetrator does not need to intend to harm other people or even be aware that other people are in the area who may be harmed.

Attempted murder charges require the support of a dedicated and knowledgeable criminal defense attorney in Santa Ana. The Law Office of Sheny Gutierrez provides personalized and tireless representation to each of our clients. We understand that facing a criminal trial is often one of the most difficult experiences of our clients’ lives, and we strive to give them the support they need while fighting for the best outcome possible.

Penalties for Attempted Murder in California

Attempted murder is a felony in California, and there are two classifications – first-degree and second-degree.

First-degree attempted murder means the attacker acted deliberately and with premeditation. A conviction for first-degree attempted murder can bring a life sentence in state prison with the possibility of parole.

Second-degree attempted murder does not require premeditation or deliberate action. If convicted of attempted murder in the second degree, defendants could face up to nine years in state prison.

Building a Defense to Attempted Murder Charges

Your Santa Ana criminal defense attorney can build a strong defense against attempted murder charges if you can prove one of the following:

• There was no intent to kill, or there was only an intent to injure or scare the victim.
• The intended plan was abandoned, or no direct step was taken to kill the victim.
• The actions taken by the attacker were in self-defense.

If your defense strategy and evidence can create reasonable doubt that you intended or took action to kill the victim, your case could have a positive outcome.

The Law Office of Sheny Gutierrez has extensive experience representing clients in attempted murder and other criminal law cases in Santa Ana and Orange County. Contact us to schedule your free consultation.