A murder arrest can be a frightening crime to be charged with. However, it is important to keep in mind that an arrest is not a conviction, and there is adequate time before a court proceeding to build a case for your defense. Murder charges are very serious, and should be treated as such from the day of your arrest. Do not hesitate in contacting an experienced San Jose murder attorney who will work with you to build a defense for your case and will work closely with you to understand all the facts of your case.
California Murder Statutes
The California Penal Code defines murder as the causing the death of another person with malice aforethought. Unlike other states' penal laws, California does not readily differentiate between premeditated murder or murder that occurs in the “heat of passion.” However, California does have a range of murder charges which will impact sentencing and other possible penalties as well as several different fact patterns which must be entirely substantiated in order for the prosecution to complete a murder charge.
All facts of your case will be considered in the courtroom when trying to establish that a murder was committed with malice aforethought. If any outside factors came into play during the commission of the offense, you must inform your San Jose murder attorney. This could help deflect charges and provide an excuse or justification for your actions. Potential defenses to murder charges could include self-defense, insanity, or the “heat of passion.”
California can legally sentence someone to death. We have created a graphic that showcases the cost of capital punishment in California.
Attempted murder charges are similar to battery charges in California, and the two may overlap in the crime itself. However, to be convicted of attempted murder, the prosecutor must be able to prove that you took at least one step toward killing another person and you had the intention to kill the other person. The intention language is often what turns a case from assault and battery to attempted murder. If the intent was only to injure, it will not be considered attempted murder. However, if the facts indicate a true intention to kill the other person, this will fall within the crime of attempted murder. It becomes a vital defense in any attempted murder case that the prosecutor is unable to prove the intent to kill or the direct action toward attempted murder. Attempted murder defenses include the intent to injure or scare the victim. Additionally, a San Jose attempted murder attorney may be able to help you disprove that you took the necessary “direct step” to commit the crime of attempted murder. If you planned out a murder, but did not take the required direct step (actually putting the plan into action), then you cannot be arrested on charges of arrested murder.
Ahmed and Sukaram Law | San Jose Murder Attorneys
If you have been charged with the crimes of murder or attempted murder, do not hesitate to contact the law office of Ahmed and Sukaram. Our attorneys have years of experience in handling murder charges, from attempted murder to first degree murder. Contact our San Jose office today for your initial free consultation.