Murder/Attempted Murder

Los Angeles Murder And Attempted Murder Lawyer

MURDER CHARGES REQUIRE THE TOP MOST SEASONED CRIMINAL DEFENSE ATTORNEY

IF YOU HAVE A LOVED ONE CHARGED WITH HOMICIDE / MURDER WHAT TYPE OF ATTORNEY DO YOU NEED?

In my experience there are few attorneys in Los Angeles that are equipped to deal with these type of cases. When all of the marbles are on the line there is no substitute for an attorney that is battle tested and has successfully tried many homicide trials in the L.A. courthouses.  The problem is that many attorneys will not touch these type of cases because of the serious stakes that are typically on the line. Hence you will need an attorney that has put his reputation on the line time and time again to fight for his clients.

It is key that you meet with the attorney you are considering hiring and make sure that they will be the one handling your case. Beware of law firms that are using other attorneys to actually litigate a particular case versus the attorney that is advertised. You want an attorney that can tell you, after they have heard what the client is up against, what a potential road to victory might be for the charged person. Let them explain to you what has to be proven by the prosecutor in order to obtain a conviction in the case. As you listen to the attorney, you will then get a feel for whether they are a right fit for the case.

Also, discussing other cases that they have litigated, similar to the case you are considering hiring them for, is a good idea as well.  What you are really trying to do is get a feel for the type of person and attorney they are.  They will be the one arguing to make sure that your loved one is not sent to prison for the rest of their life…you better make sure you feel comfortable with them!

LIKABILITY IS A KEY ATTRIBUTE YOUR ATTORNEY MUST POSSESS IN A SERIOUS MURDER CHARGE IN LOS ANGELES

I can’t stress enough the importance that the attorney you hire to defend a murder charge has the type of personality and temperament that people can relate to in a positive way. In other words, if you like them, then a potential jury will like them as well. People who are likable command respect and will be given the benefit of the doubt in a close argument. I welcome setting up a free consultation with you and we can discuss the crucial facts related to your case and really get down to what the prosecutor must prove to convict you and what you will have to do in order to be found not guilty. Once the issues are flushed out, then we can devise our investigative plan and begin the process of putting the pieces together to properly defend the case and challenge the prosecutors every step of the way. The best prosecutors are assigned to these type of cases and that is why you will have to hire the best defense attorney to beat them!

ATTEMPTED MURDER IS JUST ABOUT AS SERIOUS AS MURDER IN LOS ANGELES COUNTY

Over the course of the past 25 years I have defended many clients charged with attempted murder and can safely say there is not that much difference between a murder charge and an attempted murder charge.  If a person is convicted of attempted murder the judge must sentence them to a minimum of 15 years to life in prison.  That means that the person would have to serve 85% of 15 years before they are eligible for parole.  If the Parole Board decides not to parole them, then it is possible that they could never get out.  Now you see why attempted murder cases in Los Angeles are just as serious as murder cases.

DEFENSES TO ATTEMPTED MURDER CASES THAT CAN BE SUCCESSFUL

One defense that is used with success in many attempted murder cases that I have defended over the years is that the prosecutors can not prove that my client had the specific intent to kill the alleged victim.  There are many different scenarios where a person does not have the ability to form the specific intent to kill and there are also factual situations where the defendant breaks off the attack and obviously is not trying to kill the victim.

Of course self defense and a whole host of other defenses are available in the appropriate circumstance.  The best strategy for anyone charged with such a serious crime is to consult with an attorney who has had the success and experience necessary to give you or your loved one the best chance to be successful.

Some cases are over filed and the person does not deserve to be convicted of attempted murder, but with some other offense that does not carry so much time.  The only way they will have a realistic chance to be treated fairly is if they have an attorney who is battle tested and knows how to achieve the best result because of their experience and skill.

Penal Code 187 Murder
The charge of Murder is defined in California as “The unlawful killing of a human being or fetus with malice aforethought” (CA Penal Code 187). Malice aforethought means that the one committing the act intended to kill, their actions naturally would lead to the death of another, and they acted with conscious disregard for human life. In California, we have adopted 3 different degrees of murder which affect the sentencing of anyone found guilty.

1ST DEGREE MURDER
A person can be convicted of 1st degree murder if they perform any of the following three acts:
1. Committed murder while using poison, explosives, armor piercing ammunition, torture or by waiting for a person.
2. Murdering willfully, pre-meditated, and deliberately.
3. Murdering while in the commission of felony arson, robbery, burglary, carjacking, train wrecking, kidnapping,  mayhem, torture, rape, sodomy, forcible penetration, OR  lewd acts with a minor.

2ND DEGREE MURDER
A person can be found for second degree murder for any murder that is not deliberate or premeditated. This degree can be applied through the commission of a felony where someone died as a result. However, it only covers felonies that cannot be committed without creating substantial risk of death or harm to another.

CAPITAL MURDER
Capital Murder is a form of a first degree murder that is performed any of the following enhancements:
1. Murdering a Police officer, Firefighter, Juror, Judge,  Prosecutor, or elected official
2. Murder by a drive by
3. Multiple murder
4. Murder for race, color, religion, etc.
5. Murder for financial gain.

Capital murder is punished more heavily than standard first degree murder. Those found for this charge will be sentenced either to death or state prison for life without possibility of parole.

Penal Code 21a, 663, 664 Attempted Murder

In order to find a person guilty of attempted murder, the government must prove that:

  1. The person took at least direct, but ineffective step toward killing another person or fetus;
  2. The defendant intended to kill that person or fetus

A direct step is defined as an act that is more than planning or preparing to commit murder, it is an overt act in furtherance of a plan to commit murder. In other words, it is an act that puts a persons plan to murder into motion. Additionally, a person can still be found for attempted murder even if after they made a direct step, they abandoned their plan, or their plan failed.

Were you or someone you know charged with a murder? Contact us now!