San Diego Attempted Murder Defense Attorney
If you are investigated and/or have been arrested for attempted murder, it is crucial to have a San Diego attempted murder defense attorney on your side who is tough, smart and knows the law when it comes to the criminal justice system.
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At Spital & Associates, our attempted murder defense attorneys in San Diego, CA are passionate about their clients and have proven results supported by dozens of testimonials, the highest rated attorney reviews and lawyer endorsements. Founder Samuel Spital has more than 39 years of experience, including firsthand knowledge of the prosecution side of the law as a former Deputy Attorney General for the Department of Justice, State of California.
Can you afford not to have a strong defense against attempted murder charges? Are you willing to risk your career, family and freedom to do what you want and when? Call us 24 hours a day, seven days a week at619-583-0350 for a free consultation with an experienced and skilled San Diego attempted murder defense attorney.
Attempted Murder Charges
What is attempted murder? Attempted murder occurs when the defendant takes a direct step or performs an act toward killing someone; this is not the same as “thinking about” or “talking about” killing another person. Additionally, there must be intent to kill even though it is not necessary for there to be a specific person. In order to prevail the prosecution must show more than the planning or preparation for a killing; there must be an actual direct step. A direct step can be established by evidence of a definite and unambiguous direct movement toward the commission of this crime after preparations have been made. It is an immediate step that puts the plan in motion so that the plan would have been completed if some circumstance outside the plan had not interrupted the attempt. In other words, attempted murder charges often stem from situations where it is believed the defendant would have committed the murder without someone or something preventing him.
This is a tough charge for the prosecution to prove as they must be able to show the defendant acted deliberately and intentionally with extreme disregard for human life; they must be able to provide evidence of the intent as well as the attempt. We will strategize and develop every defense available to you to prevent this charge from being successful, and safeguard you from the possible consequences of a conviction, namely prison time.
Defense Against Attempted Murder
We take our work seriously. We want to defend you against the police or sheriff, as well as the powerful, organized and well-funded District Attorney and his team of investigators, criminologists, and experts. If you or a friend is charged of attempted murder, we are able to discover the evidence the D.A. has, the defenses that are available and provide you with the options and alternatives.
- Intent to kill: Attempted Murder is a “specific intent” crime. It is not enough to intend to harm, scare or injure another person. The prosecution must prove an actual intent to kill someone. This is one of the elements of the crime in which our San Diego attempted murder defense lawyers can level the playing field. The location and number of wounds caused by the attack, among other things, can be used to dispel or prevent criminal liability and result in a defense verdict (no conviction). For example, we will make a powerful argument that when a person is shot in the leg with only one bullet, it is likely the only intent was to injure another and not kill a person. This is based upon the fact one’s vital organs are located in the chest area and head.
- Actual perpetrator: The prosecution must present evidence of who committed the offense. As your legal counsel, we will require the prosecution to prove beyond any reasonable doubt that you are the actual perpetrator and not simply believed to be the one. Identification is a huge factor in attempted murder cases, particularly when you might match the description of the criminal or happened to be at the wrong place and at the wrong time. False arrests are not uncommon and far too many people have served time in jail or prison when they later are found to be innocent. Indeed, we will not allow false allegations to be used to convict an innocent client.
- Self-defense: If our client reasonably believes he or she is about to sustain imminent harm or bodily injury, the law permits you to use reasonable force in self-defense, particularly in a situation in which you are not the one who provoked the confrontation. In a situation in which you reasonably believe someone is about to kill you, even if you intend to kill that person, the law deems self-defense as a lawful excuse to what otherwise would be a crime.
You are not obligated to speak to the police, sheriff or a law enforcement investigator. Instead, you should call us first. Contact us online or call 619-583-0350 today for a free and personal consultation with our San Diego attempted murder defense lawyer.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attempted murder defense attorney in San Diego, California for individual advice regarding your own situation.