San Diego Murder Attorney

An attempted murder charge could ruin your entire life. Your freedom, reputation, and future could all be at stake for this single charge. If you are convicted, you could spend your life in prison. The Three Strikes law further increases the risk of harsher sentencing. The accusation can ruin relationships, get you fired, and cause housing problems. All facets of your life can be impacted, so it is best to act fast and respond strategically.

Certain circumstances intensify the stakes. If you had a firearm on you, were in a gang, or had aggravating factors, you would receive enhanced penalties. Prosecutors aggressively pursue these cases, relying on circumstantial evidence and witness testimony. Without a strong legal strategy, you risk facing severe, devastating consequences that will be life-changing. If you are accused of attempted murder in San Diego County, call the Law Offices of Anna R. Yum. We will help determine the best legal strategy to fight the charges.

An Overview of Attempted Murder

Attempted murder is defined in California’s Penal Code Sections 664 and 187. A person can be charged with attempted murder when he/she tries to kill another person unlawfully. Moreover, the defendant must have a specific intent to kill a person, and a substantial step must have been taken toward that objective.

The crime is based on the fact that the act was unsuccessful, unlike homicide.

What Prosecutors Must Prove

You are only guilty if prosecutors establish their case. They must prove the following beyond a reasonable doubt:

Specific Intent to Kill

Prosecutors must first prove you had a specific intent to kill, which is a type of mental state that is much higher than recklessness or intent to cause bodily harm. You must have harbored the conscious desire to kill the victim. Direct threats made in person, say, during a fight or in text messages or journal entries, can show that you had the intent to kill.

Furthermore, the nature of your actions is a key indicator of your intention. For example, if you chose a method that is meant to inflict fatal injuries, like shooting the victim in a vital organ, using a deadly weapon with intent and precision, or giving the victim a lethal substance, then it means your purpose was to kill. The context of an old rivalry, a sudden escalation in a conflict, or a pre-planned scenario, like an ambush, will also be considered. It indicates premeditated malice.

The prosecution will attempt to assemble its case by combining your words, actions, and circumstances. They will aim to convince the jury that the intent was not ambiguous and not fleeting but was a determination to kill. Prosecutors will seek to eliminate all other plausible interpretations of your behavior, including your acting out of rage in the heat of the moment or to scare the victim. The prosecution would argue that the only reasonable inference from the facts of the case is that you had the mindset of killing the other person.

Direct But Ineffective Act

The prosecution must show that you took a step towards the killing that went beyond just thinking about it or planning for it. The state must show an unmistakable act that would have killed the victim if not for something else to prove this. This action must be a direct attempt, a move to carry out the intended crime. For example:

• Firing at the victim with a gun, but the bullet misses
• Using a weapon as if it would probably have caused fatal injury except for the victim’s action
• Tampering with an explosive device that does not explode
• Giving a lethal substance to the victim that does not consume

The prosecution must present tangible evidence, like spent cartridges or forensic analysis of injuries or the remnants of the failed device, to prove your action was immediate and potent. The evidence will establish the link between your action and its intended outcome so that if not for sheer chance or outside intervention, the victim would have died.

Your actions should go beyond a threat or preparation. The action must be sufficient to result in death and close to the intended outcome. Prosecutors will rely on witness testimony, surveillance footage, or forensic analysis to show that your actions were a step towards killing the victim but were interrupted by factors beyond your control.

Failure to Complete the Murder

To establish an attempted murder charge, the prosecutors will have to show that contrary to your intention and direct action, the victim survived. While it is implicit from the charge that the victim has survived, the prosecution will have contextualized it in the narrative. In other words, the prosecution must provide evidence to show how death was averted. The state may show evidence of an immediate intervention, like a bystander, police, or the victim who disrupted your attempt.

Alternatively, they can highlight how your chosen means failed, like the weapon misfiring or the substance not functioning as intended. The victim’s ability to survive injuries inflicted or escape makes this element easier to prove. The prosecution will say that the victim survived as a result of key factors rather than chance, which prevented this from happening. They could use medical professionals, witnesses, and the victim themself to prove that the act was intended to cause death but did not materialize.

This element helps establish the difference between attempted murder and murder, showing the danger was present but that the intended outcome did not materialize.

The Kill Zone Theory Under California Law

The kill zone theory of attempted murder law deals with situations where your attempt to kill a particular individual also poses a threat of death to other persons. Prosecutors can use this theory to try to charge you with attempted murder for people within the zone of danger, even without a direct aim at them.

The kill zone theory is rooted in case law, as seen in People v. Bland (2002). From the case, this theory applies when your method of attack is deadly and dangerous to other people. For example, if you:

• Shoot randomly into a crowd
• Blow up a bomb in a public square
• Spray bullets at a carload of people

It is not about intent for a particular person. It is about your willingness to create a death-dealing zone to ensure the death of the primary target along with others. This means that, for example, if you unleash gunfire from automatic weapons into a group of people to kill one person, you demonstrate the intent to kill all the people in the line of fire. Thus, you are showing a disregard for their lives.

To apply the “kill zone” theory successfully, prosecutors must prove several elements, namely:

• You had a specific intent to kill a principal target victim
• Your preferred method of attack inherently subjected anyone standing next to the target to a lethal risk
• The additional victims were in the “kill zone,” the area directly endangered by your actions for which their deaths were a foreseeable outcome

Simply being around the area is insufficient. The attack must logically include the victims in that danger zone.

What is a Single Count of Attempted Murder?

The legal system of California handles each charge of attempted murder as a separate offense, which determines the severity of punishments. Every illegal attempt to kill someone is an individual offense. Each person you aim to kill during a single incident will result in the courts assigning you separate counts for attempted murder.

This distinction applies even when your actions endanger others beyond your primary target. The prosecution can pursue multiple charges against someone who fires a gun at a crowd to kill one person because each person inside the targeted area faces a risk to their life. Each new attempt to kill the same person also results in a distinct crime because it demonstrates both continuing determination and a growing desire to cause death.

Classification of Attempted Murder

Attempted murder is classified as first-degree or second-degree based on the situation. Murder, as per Penal Code Section 187, refers to the unlawful killing of another human being. The statute defines another human being as a person other than the perpetrator.

The effort to kill is willful, deliberate, and premeditated in first-degree attempted murder. When you have the intent to kill, you act willfully. The choice to kill must be a conscious or deliberate one. On the other hand, premeditated means you considered or thought about it before acting, no matter how brief it was.”

If you stalk someone, wait for your moment, then strike, but fail to achieve your goal, the act’s nature makes it first-degree. Courts do not require meticulous planning. Forming an intent in seconds will suffice. While a second-degree murder charge could be possible, a majority of cases like these typically qualify for a first-degree murder charge.

Second-degree attempted murder does not involve premeditated planning. However, it does entail intent to kill and a direct act toward that result. If you argue, reach for a weapon, and attack in a moment of anger, that act is not planned, as you have not thought about it earlier.

Penalties for Attempted Murder

California law under PC 664/187 provides a harsh penalty for attempted murder. The severity of the punishment will depend on whether a crime is classified as first-degree or second-degree. You could also face sentencing enhancements depending on the facts of your case.

First-Degree Attempted Murder

First-degree attempted murder is punishable by an indeterminate sentence. That means you could spend the rest of your life in jail with the possibility of parole. Parole eligibility generally starts after seven years, but actual release depends on your prison behavior and the parole board’s assessment.

You will also be required to:

• Pay a fine of up to $10,000
• Compensate the victim(s) for medical expenses, lost wages, and other damages

If convicted, you will face the following sentence enhancements:

• Firearm use — Under California Penal Code 12022.53, using a firearm in the commission of a crime results in a 10-year enhancement. If you discharge a gun, it results in a 20-year enhancement. If you discharge it and cause the victim significant bodily injury, you will face a 25-year-to-life enhancement.
• Gang Involvement — If you commit a crime for a gang, your punishment will increase by five to ten years or more, per Penal Code 186.22.
• Targeting a protected person — Harming a protected person, like a peace officer or firefighter, carries added penalties.
• Prior convictions of strikeable offenses — Under the Three Strikes Law, if the attempted murder leads to a second strike, your sentence will be doubled. For a third strike, a 25-year-to-life sentence is mandatory.

Notably, sentence reductions do not apply to this offense, though good time credits could affect when you receive parole.

Second-Degree Attempted Murder

Depending on aggravating or mitigating factors, that is, your criminal history or the violence level involved, the judge could:

• Sentence you to 5, 7, or 9 years in state prison
• Impose a maximum fine of $10,000
• Require you to pay the victim for medical expenses, lost earnings, and other verifiable losses

You could face an additional 10 years to your sentence for carrying the gun, a further 20 years for firing the firearm, and, depending on the severity of the injuries, 25 years to life.

You could also face 5 to 10 years if your crime is in furtherance of gang activity.

Additional time applies if the victim is a peace officer or another protected person.

If a conviction for attempted murder earns you a second strike, the conviction doubles the sentence, and a third strike results in 25 years to life.

Since attempted murder is a violent felony under Penal Code section 667.5(c), you will earn a good conduct credit of a 15 percent reduction in your sentence.

Challenging Attempted Murder Charges in California

The criteria for establishing attempted murder allow for many opportunities to dispute the case. Prosecutors have to show that the intent and action, which are two elements in the context of attempted murder, can be challenged. Your defense attorney examines each piece of evidence, whether witness statements or related investigation reports, for inconsistency or ambiguity. The goal of your defense attorney is to fight the prosecution’s claim that you meant to kill. Your lawyer creates a plan to challenge the charge of attempted murder by targeting the above.

Your attorney could opt for any of the following defenses in your case:

Lack of Intent to Kill

The prosecution must prove that your actions were done purposefully to bring about death. If no intent exists, then the charge cannot stand. Your lawyer could try to prove that you did not aim to kill anyone. Instead, your action was towards injuring or frightening the victim.

The lack of prior threats or bad blood can help argue that you were not out to kill. The prosecution has a weaker case if your attorney can show that your actions were impulsive or reactive and not planned. If you became emotional or reacted out of self-defense, it could make your intent unclear and lead to a lesser charge.

Insufficient Direct Act

A conviction for attempted murder requires more than preparation. The prosecution must prove that you took a direct step toward causing death. If you were preparing and your actions were not imminent, you did not meet this criterion. Your attorney could argue that you did not commit an overt act, like using force, using a weapon, or being stopped before the act occurred.

Categorizing your behavior as premature or incomplete, your defense challenges whether your behavior qualifies as an attempt. If it does not count, this could result in your charge being dropped or reduced.

You Acted in Self-defense or Defense of Others

California law lets you use moderate force to defend yourself from an immediate harmful act. If you acted in reaction to a real, imminent threat, your lawyer can plead self-defense to fight the attempted murder charges. Your lawyer will review the details of what happened to support this claim. He/she will present to the jury the reasons behind your actions. Your lawyer could introduce witness statements, medical reports, or CCTV footage to prove that you acted out of necessity and not malicious intent.

The self-defense argument applies if your response was proportionate to the situation. Your attorney could claim that you had no reasonable alternative since retreating was impossible or would have made your situation more dangerous. Your attorney can shift the focus from liability for a crime to use of force for a lawful purpose by showing your intent was not to commit a crime but to protect yourself.

If the jury finds your actions appropriate, this defense can exonerate you of culpability. When presented effectively, self-defense can turn attempted murder into a proper case of self-defense.

You Were Mistakenly Identified as the Offender

The prosecution must prove beyond a reasonable doubt that you committed the crime. Your lawyer will contest evidence reliability if identification procedures were carried out improperly. For example:

• Poor lighting makes it difficult for the witness or the victim to identify the accused
• If lineups are flawed or the questioning is suggestive, it, along with implied bias, can distort perception, causing wrongful accusation

Your lawyer will examine how you were identified. If police fail to follow proper protocols, like conducting a suggestive lineup and influencing a witness, this could make the evidence unreliable. Furthermore, the eyewitness is fallible, especially when placed under duress. Even the least inconsistency can create doubt. Your lawyer can show that witnesses are inconsistent in their accounts.

Evidence of an alibi is important for challenging mistaken identification. Your defense could establish your whereabouts during the crime through video surveillance, cell phone records, purchase receipts, or witness statements. When credible evidence places you somewhere else, it contradicts the prosecution’s claims.

Your lawyer tries to create reasonable doubt about your involvement by highlighting weaknesses in the state’s identification process. When the prosecution fails to prove that you committed the crime, your charges could be dismissed, or you could be acquitted, or your charges will be reduced.

Mental Incapacity

Attempted murder requires a conscious intent to kill. If you had a mental condition that was so severe that you did not understand the nature of your actions or that they were wrong, your lawyer would argue that you did not have the requisite mental state to commit the crime.

California law, Penal Code Section 1001.36, states that people with significant cognitive impairment or mental health conditions could be unable to commit an intentional crime.

Your attorney will build up this defense with medical records, expert testimony, and a documented history of psychiatric treatment. If you had hallucinations, delusions, or significant cognitive impairment, there is a good chance you were unable to make decisions that were rational or reasonable at the time. For this defense to work, there must be clear evidence showing that a mental disorder made you unable to tell what was right from wrong or to control your actions.

If it succeeds, this could lead to a not guilty by reason of insanity verdict. You could be placed in a state hospital for psychiatric treatment instead of being sent to jail. Although this verdict does not allow immediate release, it shifts the legal focus from punishment to rehabilitation.

Procedural Violations

Every stage of investigation has to be legal. Your lawyer can dispute evidence if the police violated your rights during the investigation. If the police search, interrogate, or identify people improperly, that could hurt the prosecution’s case. Your attorney will move to suppress illegally obtained evidence, reducing the prosecution’s ability to establish your guilt beyond a reasonable doubt. This can lead to lesser charges or a dismissal of the case.

Find a Criminal Defense Attorney Near Me

If you have been charged with attempted murder, you face serious consequences. If you are convicted, you could be looking at several years in prison, a permanent criminal record, and the loss of your future. Prosecutors pursue these charges vigorously, often using circumstantial evidence, witness testimony, or forensic findings to support their case against you. You risk facing harsh penalties if you do not have a good criminal defense lawyer.

You should have a skilled legal defense to challenge the charges because prosecutors pursue these charges aggressively. Your attorney will protect your rights and present a viable defense. Contact the Law Offices of Anna R. Yum at 619-493-3461 if you or your loved one is facing attempted murder charges in San Diego County.