Bay Area Attempted Murder Attorney
As former criminal prosecutors, we know firsthand how police officers and district attorneys build attempted murder cases against our clients. At the Law Offices of Valencia, Ippolito & Bowman, we possess insight, experience and resources to level the playing field and overcome the obstacles. We employ our own strategies in telling your side of the story and challenging the state's evidence against you.
Our law firm has won numerous awards, including being named Criminal Defense Firm of the Year by San Jose Magazine.
To convict you of committing attempted murder (Penal Code sections 664 and 187 PC), prosecutors must prove that you took at least one direct, yet ineffective step toward killing a person or fetus and you had the intention of committing murder. Attempted murder is often wrongfully charged when an alleged victim is maimed or allegedly assaulted with a deadly weapon.
Cases involving attempted murder are complex. Prosecutors face challenges in proving the criminal charge while we fight to disprove any direct steps or intentions to kill.
Common defenses include:
- No specific intent to kill
- No required direct step
- Falsely accused
- Wrongfully arrested
A first-degree attempted murder conviction results in a life sentence in the California state prison with the possibility of parole. However, if the crime involved a peace officer, firefighter or protected person engaged in the performance of his or her duties, a mandatory minimum 15-year sentence is imposed. Second-degree attempted murder (not willful, deliberate and premeditated) leads to a prison sentence between five and nine years.
If either conviction leads to a "third strike," the mandatory minimum sentence is 25 years to life. In addition to incarceration, penalties can include victim restitution, fines of up to $10,000, and the loss of the right to own a firearm.
Free Consultation With a San Jose Attempted Murder Attorney
When you need the help of a California criminal defense lawyer, call our law firm at 877-7NO-JAIL or send us an e-mail. We offer payment plans, credit card payments and evening or weekend consultations. Se habla español.
