Attempted murder is a charge that can be brought against an individual who has deliberately, recklessly and/or with little regard for the value and sanctity of human life, attempted to kill another person. The charge also means that the act was unsuccessful, and the person on the other end of the crime is still alive. Charges will change if the crime is successful and/or if the individual was harmed enough during the attempted murder to later die. Additionally, there must be a blatant and clearly evident step taken toward attempted murder that is provable and will stand up in a court of law. The Colorado shooting massacre is an accurate example of a proper attempted murder charge. When entering the theater, the defendant intended to kill. However, if he wasn’t stopped, the wounded could or would have died.
Attempted murder is a difficult charge to prove due to the fact that it must be proven that the alleged criminal took a direct step toward attempted murder. This cannot be proven with only a plan, the individual must have been involved in and enacted, actually taking steps to commit the attempted murder. Secondly, there must be intent present when the attempted murder is taking place. This means that the alleged criminal must have actually intended to kill the person they attacked, not simply injure them. The prosecution in the Colorado case will have more than enough evidence to show that the intent was to kill and not to merely injure. Attempted murder in simple form means that the intent was to kill, but for some reason the act of killing was not completed.
Attempted murder is a felony offense, and state laws vary as to how much time a person can get for an attempted murder, they are however very severe. In order to avoid a harsh prison sentence a defendant must avail himself of all the possible defenses to an attempted murder charge. They include the same defenses available to someone charged with murder. They are accident, mistake, self defense, and many others. None of those defenses will apply in the Colorado case. As I have discussed in this blog before, the defendant’s only defense could be insanity. If you are charged with attempted murder call the best criminal defense attorney you can afford to defend your case. Remember an attempted murder charge can turn into a murder charge if the victim eventually dies. The death does not have to be close in time to the crime but it must be causally related to the committed acts. A conviction for this type of crime will be devastating for your future.
If you have been charged with violating Florida laws, contact The Law Offices of Yale L. Galanter, P.A., a Miami Criminal defense attorney with over 30 years of experience. The Law Offices of Yale L. Galanter, P.A. Have helped countless clients avoid jail time, lessen their charges, or even have their charges dropped entirely.
The Law Offices of Yale L. Galanter, P.A. is experienced in:
- Attempted Murder
- Aggravated Assault with a Serious Bodily Injury
- Aggravated Assault with a Weapon
- Aggravated Battery with a Weapon
Commentary by Miami Criminal Defense Lawyer Yale Galanter:
Yale Galanter, a Miami criminal defense lawyer, has over 30 years of experience providing discreet and aggressive legal counseling to both public figures and clients looking for precise and excellent legal defense. Yale Galanter is known for his personal representation and attention to your criminal matter.
If you find yourself facing a charge of drug possession, you do not have to face this alone. Contact an experienced drug defense attorney, call The Law Offices of Yale L. Galanter, P.A. at (305)576-0244 or (954)524-6600, or visit galanterlaw.com.