Legal Question in Criminal Law in California
Attempted premeditated murder
My friends son was arrested for attempted murder (PC 664/187(A) ) in Ontario, CA. The victim was allegedly stabbed in the neck at a party, he was hospitalized but survived the injury. The occurrence was at a party were the son was confronted and assaulted by the victim. Three knives were recovered as evidence but none of the weapons on the accused. The DA is attempting to add a gang enhancement. If the weapons recovered were not on the accused's person does the DA have a case? What is the likeliness of a conviction in this case? Any advice available is greatly appreciated.
2 Answers from Attorneys
Re: Attempted premeditated murder
If the DA is prosecuting, he thinks 'he has a case' and that it is likely he can get a conviction - that is his job. Any advice you get from this site is educational only, you can't take a print out and waive it at the courthouse. The defendant needs counsel to use whatever admissible evidence and testimony there may be in his defense. Feel free to contact me if serious about doing so. If he can't afford private counsel, apply for the public defender.
Re: Attempted premeditated murder
Impossible questions to answer I am afraid. In order to build the case, the DA must absolutely link the weapons to the accused and show the weapons were used by him on the victim - that is for sure. The fact that weapons were not found on the accused of course helps him but there might be a different way the DA might show the connection. Impossible to evaluate without reading the police reports and statements of witnesses. It also looks like there might be a viable legal defense based on self-defense. Gang enhancement might also be beatable since it looks like there was a spontaneous fight initiated by the victim.
You must have an attorney fully evaluate the case for you based on examination of police reports and other evidence. Feel free to contact me for a free consultation.
Jacek W. Lentz
Los Angeles, CA
310.273.1361
www.lentzlawfirm.com
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