Legal Question in Criminal Law in California

Re: Attempted murder charge

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Re: Attempted murder charge

Thank you for your posting.

Court is tomorrow? And you're asking questions without additional facts from attorneys through the internet?

I can't urge this strongly enough - get an attorney to handle this case. Most attorneys with homicide experience know that it takes a doctor's report to allow testimony as to "state of mind" at the time the alleged crime was committed. You'll want the attorney you hire to help make arrangements through the court and the expert witness needed for this type of case, to make this happen.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Re: Attempted murder charge

"He temporarily lost it" is not a defense to attempted murder. Most murders are committed (or attempted) in a moment of rage, so if "losing it" was a defense there would be very few murder convictions. The definition of murder is not limited to those crimes carried out in a cold and calculated manner.

The law recognizes an insanity defense which includes temporary insanity, but insanity is very different from "losing it". The test is extremely hard to meet and requires proof that the defendant was unable to distinguish between right and wrong.

The fact that the victim had behaved unreasonably -- or even illegally -- toward the defendant and had caused him to suffer does not justify or excuse the defendant's 's attempt to kill the victim. In fact, one of the principal reasons we have governments and systems of laws is to make sure such disputes are handled by the state and not by the parties, who would often go too far in seeking what they see as justice.

There may be other arguments available here, though. Attempted murder requires the specific intent to kill the victim, and it can be difficult to prove beyond a reasonable doubt that the defendant actually wanted to kill the victim rather than merely injuring him. If the intent was merely to injure, then the crime was an assault. Whether a jury would see this as an attempted murder will depend heavily on the facts.

The defendant should have a lawyer working for him, especially if he is heading to his second court date tomorrow. The lawyer will know these things, so try talking to her about the available options.