Attempted Murder Lawyer in Fullerton

Attempted murder is a serious criminal 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 Law Office of Sheny Gutierrez to schedule a free in-person or phone consultation.

Introduction to Attempted Murder

Attempted murder is a grave crime that involves trying to take another person’s life but not succeeding. In California, this offense is classified as a felony and carries severe penalties, including the possibility of life imprisonment. If you are facing such charges, having a Fullerton criminal defense attorney by your side is crucial to navigate the complex legal process and build a robust defense.

Attempted murder charges can stem from various situations, such as domestic violence, gang-related activities, or other violent crimes. To secure a conviction, the prosecution must prove that the defendant had the intent to kill and took a substantial step towards committing the crime. This is where an experienced criminal defense lawyer can make a significant difference. They can challenge the prosecution’s argument and present legal defenses, such as self-defense or insanity, to protect your rights.

The legal team at the Law Office of Sheny Gutierrez is dedicated to providing expert legal representation and guidance throughout the legal process. We understand that attempted murder charges can lead to severe consequences, including felony charges, jail time, and a criminal conviction. Our goal is to build a strong defense to mitigate these consequences and strive for the best possible outcome for our clients.

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 unlawful killing. 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. Our experienced criminal defense lawyers understand how to challenge the prosecution’s evidence regarding these actions.

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; the prosecution must prove the intent to kill beyond a reasonable doubt to have the defendant proven guilty. As former prosecutors, our legal team understands how to effectively counter these allegations and protect your rights.

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.

The kill zone theory underscores the importance of protecting human life, as it holds individuals accountable for the potential harm to others in the vicinity of the intended target.

Attempted murder charges require the support of a dedicated and knowledgeable criminal defense attorney in Fullerton. Our law office 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.

Understanding Criminal Charges

Facing criminal charges can be overwhelming and confusing, especially if you are not familiar with the legal system. A Fullerton criminal defense attorney can help you understand the charges against you and the potential penalties you may face. Criminal charges can range from misdemeanor charges, such as petty theft, to serious felony charges, such as murder or drug crimes.

The degree of murder, whether first degree or second degree, can significantly impact the severity of the penalties. An experienced criminal defense lawyer can help you navigate the legal process and build a strategic defense tailored to your case. The legal team at our Fullerton law office is committed to providing expert legal assistance and representation throughout the legal process.

Criminal charges can have severe consequences, including jail time, fines, and a criminal conviction. A strong defense can help mitigate these consequences and ensure the best possible outcome for your case. Our attorneys work tirelessly to protect your rights and provide the legal support you need during this challenging time.

Penalties for Attempted Murder in California: Insights from an Experienced Criminal Defense Attorney

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

First-degree attempted murder means the attacker acted deliberately and with premeditation. A conviction for first degree 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 second degree murder, defendants could face up to nine years in state prison.

Building a Defense to Attempted Murder Criminal Charges

Your Fullerton 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.
• The defendant was not in a sound state of mind and may use an insanity 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 Fullerton and Orange County, including domestic violence, drug crimes, and theft charges. We are familiar with the North Justice Center and work tirelessly to achieve the best possible outcome for our clients, whether it’s a dismissal, reduced charges, or a not guilty verdict.

As former prosecutors, we understand the legal process and can provide effective legal representation throughout your criminal case. Contact our law office today to schedule your free consultation and let us help defend your future.