Legal Defenses to Attempted Murder Charges in California (PC 187/664)

February 5, 2023

Attempted murder is a serious criminal offense in California, and it carries severe consequences. The crime is defined as an act committed with the specific intent to kill another person, coupled with a direct but unsuccessful act towards the commission of murder. The penalty for attempted murder can be life in prison or even the death penalty, depending on the circumstances of the crime.

However, there are several legal defenses available to individuals charged with attempted murder in California. These defenses are designed to provide a fair trial and protect the rights of the accused. Some of the most common defenses to attempted murder include lack of intent, self-defense, and mental incapacity.

An experienced Orange County attempted murder attorney may be able to dismiss your case or reduce the charges.

Lack of Intent


One of the most important elements of the crime of attempted murder is the intent to kill. The prosecution must prove that the defendant acted with the specific intent to take the life of another person. If the prosecution is unable to prove this intent, the defendant may have a valid defense to the charge of attempted murder.

For example, if a person shoots a gun in the air in a fit of rage, this act alone may not be sufficient to prove the intent to kill. In such a scenario, the defendant may argue that they did not have the intent to take the life of another person and should be charged with a lesser crime, such as reckless endangerment.

Self-Defense


Another common defense to attempted murder is self-defense. This defense applies when a person uses reasonable force to defend themselves or others against the immediate threat of harm. In order to use this defense, the defendant must show that they believed they were in immediate danger and that their actions were necessary to prevent harm to themselves or others.

For example, if a person is attacked by another person and responds by using deadly force, this may be considered self-defense if the person believed that their life was in imminent danger. The key factor in determining whether self-defense is a valid defense is the reasonable belief of the defendant.

Mistaken Identification


One of the most common defenses to attempted murder in California is mistaken identification. This occurs when a witness or victim identifies the wrong person as the attacker. This can occur due to a number of reasons, including eyewitness misidentification, cross-racial identification errors, and faulty lineup procedures.

Alibi


An alibi defense is a claim by the defendant that they were not at the scene of the crime at the time it was committed. This defense is based on the principle that it is impossible for the defendant to have committed the crime if they were elsewhere at the time of the offense.

To use an alibi defense, the defendant must present evidence that supports their claim. This may include witness testimony, video footage, or other forms of physical evidence that show the defendant was not at the scene of the crime at the time it was committed.

The alibi defense can be particularly effective when the prosecution’s case relies heavily on circumstantial evidence or eyewitness testimony. If the defendant can provide strong evidence to support their alibi, it may cast doubt on the prosecution’s case and make it more difficult for the prosecution to prove the defendant’s guilt beyond a reasonable doubt.

Insanity Defense


The insanity defense is another possible defense to attempted murder in California. This defense applies when the defendant was unable to distinguish between right and wrong at the time of the crime due to a mental illness or defect.

To use the insanity defense, the defendant must prove that they suffered from a mental illness or defect that prevented them from understanding the nature and consequences of their actions. This defense is extremely difficult to prove and is only successful in a small number of cases.

Contact an Experienced Criminal Defense Lawyer in Southern California


Attempted murder is a serious crime in California, and it carries severe consequences. However, there are several legal defenses available to individuals charged with this crime. These defenses, including lack of intent, self-defense, mental incapacity, and the insanity defense, are designed to provide a fair trial and protect the rights of the accused.

If you have been charged with attempted murder in California, it is important to seek the assistance of an experienced Orange County attempted murder attorney. A lawyer can help you understand your rights, evaluate the evidence against you, and build a strong defense on your behalf. Contact the Law Offices of John D. Rogers today.

Leave a Reply

Your email address will not be published.


nine − = 3

In the Media
abc 7 kcal 2 kcal 9 LA Weekly Los Angeles Times NBC

Contact Us For A Free Case Evaluation

(949) 625-4487
4000 MacArthur Blvd. East Tower Suite 615 Newport Beach, CA 92660

Contact Us

24 Hour Response Time