Defending Against Attempted Murder Charges in California
Being charged with attempted murder under California Penal Code 664/187(a) is an incredibly serious situation with life-changing implications. Convictions for attempted murder can lead to decades in prison, life sentences, or even enhanced penalties if certain aggravating factors apply. The personal and professional consequences of a conviction are severe, impacting everything from your freedom and civil rights to your future job opportunities and family life.
At The Law Offices of Arash Hashemi, we understand the high stakes involved in attempted murder cases. With over 20 years of experience, our firm has successfully represented clients facing some of the toughest charges in California’s criminal courts, including attempted murder. Using a combination of proven legal strategies and a personalized defense approach, we work tirelessly to protect your rights and achieve the best possible outcome in each case. For a confidential consultation to discuss your defense options, call (310) 448-1529 today.
Case Summary: Attempted Murder Charge Dismissed Due to Self-Defense
In this case, our client was charged with attempted murder after an altercation in which they claimed self-defense. Initially, the client was accused under PC 664/187(a) and faced a possible life sentence if convicted. During the preliminary hearing, Attorney Hashemi presented a defense rooted in self-defense law. However, the court expressed concerns about the proportionality of the force used—a common issue in self-defense cases, especially in attempted murder allegations.
In response, the prosecution reduced the charge to attempted voluntary manslaughter (PC 664-192(a)) but added a firearm enhancement that significantly raised the potential penalties. To address these escalated charges, Attorney Hashemi filed a PC 995 motion to challenge the basis of the charges, arguing that the evidence was insufficient to support an attempted murder or attempted manslaughter conviction. Following a comprehensive review, the court ruled in favor of the defense, leading to a full dismissal of all charges.
Understanding PC 664/187(a): Attempted Murder in California
Under California Penal Code 664/187(a), attempted murder is defined as an intentional act to unlawfully kill another person, even if the attempt was unsuccessful. For a conviction, the prosecution must prove two critical elements:
- Direct Step Toward Killing: The prosecution must demonstrate that the defendant took a clear and deliberate action with the specific aim of committing murder. This action must go beyond planning and show a concrete attempt to carry out the killing.
- Intent to Kill (Malice Aforethought): Attempted murder requires a conscious intent to take another’s life. It is not enough for the prosecution to show that the defendant acted recklessly or intended only to cause harm—the intent must specifically be to kill.
Attempted murder charges in California can carry extremely serious penalties, and they’re often subject to sentence enhancements. Common enhancements include the use of a firearm, causing great bodily injury, or alleged gang involvement. Each enhancement can significantly increase the length of a potential prison sentence, turning an already severe penalty into a life-altering consequence.
Potential Sentence Enhancements for Attempted Murder Charges
Attempted murder charges in California are severe on their own, but certain factors, known as sentence enhancements, can significantly increase the penalties if a conviction occurs. California courts take these aggravating factors seriously, and they often lead to longer sentences and stricter conditions. Here are some of the most common sentence enhancements in attempted murder cases:
Use of a Firearm (PC 12022.53): If a firearm was used during the alleged attempted murder, the court may add substantial time to a prison sentence. For example, using a gun can add 10 years, discharging it adds 20 years, and causing great bodily injury or death with the firearm adds 25 years to life.
Infliction of Great Bodily Injury (PC 12022.7): If the alleged victim sustained severe injuries during the incident, the court can impose an additional 3-6 years in state prison. Great bodily injury is defined as a significant or substantial physical injury, and proving or disproving its presence can make a crucial difference in a case.
Gang Enhancement (PC 186.22): Alleged gang involvement in an attempted murder can add further time to a sentence. Prosecutors may use this enhancement if they can show that the attempted murder was committed for the benefit of, at the direction of, or in association with a criminal street gang.
Proven Defense Strategies for Attempted Murder Cases
Facing an attempted murder charge is overwhelming, but with the right defense approach, it’s possible to challenge the prosecution’s case effectively. Our approach focuses on using precise legal motions, closely examining the prosecution’s evidence, and building a defense tailored to the unique aspects of each case.
Strategic Use of Legal Motions
A cornerstone of our defense strategy is filing targeted legal motions to either dismiss or limit the prosecution’s evidence, giving our clients the best possible chance for a favorable outcome.
- PC 995 Motion to Dismiss Insufficient Charges: In this case, we filed a PC 995 motion, challenging the attempted murder and manslaughter charges on the grounds of insufficient evidence. This motion requests a court review of whether the evidence justifies the charges. Here, the motion led to a dismissal, saving our client from a lengthy and costly trial. A PC 995 motion is a powerful tool for questioning the foundation of a case early on, potentially securing a dismissal before trial.
- Motion to Exclude Improperly Obtained Evidence: When evidence is gathered improperly, a motion to exclude can prevent it from being used in court. In serious cases like attempted murder, any evidence—such as a coerced confession or statements made without proper Miranda warnings—must meet stringent legal standards. While this motion wasn’t needed in this particular case, we routinely use it in other cases to challenge the validity of evidence and protect our clients’ rights.
Analyzing and Exposing Weaknesses in the Prosecution’s Case
During discovery, we carefully review every piece of evidence the prosecution plans to present, looking for inconsistencies, errors, or gaps that may support our client’s defense.
- Challenging Witness Credibility: Witness testimonies often form the backbone of the prosecution’s case, but they’re not always reliable. In this case, we thoroughly reviewed witness statements, identifying inconsistencies that could raise questions about their accuracy and credibility. Highlighting these flaws can create reasonable doubt, which is critical in defending against serious charges like attempted murder.
- Establishing Reasonable Doubt: The prosecution must prove guilt beyond a reasonable doubt, a high standard in any criminal case. By identifying gaps in the evidence, procedural mistakes, and insufficient support for the charges, we created reasonable doubt, which ultimately led to a favorable outcome for our client.
Building a Customized Defense Based on Case Details
No two cases are the same, especially in complex charges like attempted murder. We build a defense specifically tailored to each client’s circumstances, focusing on arguments that resonate with the court and are supported by the facts of the case. In this instance, self-defense was the strongest angle.
- Self-Defense: In California, a self-defense argument requires showing that the accused reasonably believed they were in immediate danger and used necessary force to prevent harm. We presented evidence to demonstrate that our client acted in response to an immediate threat, helping the court understand the context and urgency of the situation.
- Proportionality of Force: In self-defense cases, particularly those involving attempted murder, the court closely examines whether the force used was proportional to the threat faced. We successfully addressed concerns about proportionality by demonstrating that our client’s actions were reasonable given the circumstances, ultimately shifting the court’s view in favor of self-defense.
Potential Outcomes for Attempted Murder Cases
Attempted murder cases in California are highly complex and carry serious consequences, but with an effective legal strategy, several different outcomes may be possible. Understanding the potential resolutions can help clients approach their case with realistic expectations and hope for a favorable result.
In some situations, charges can be dismissed entirely before reaching trial. This outcome may occur if the prosecution’s evidence is weak or if specific legal motions—such as a PC 995 motion to dismiss—successfully challenge the validity of the charges. A dismissal means that the case is dropped altogether, sparing the client from a criminal record and any associated penalties.
In other cases, attempted murder charges may be reduced to a lesser offense, such as attempted voluntary manslaughter, through effective negotiation or strategic legal arguments. This reduction can be particularly effective if the evidence supports a claim of self-defense or suggests a lack of premeditated intent to kill. Reduced charges generally carry lighter sentencing options and may allow the client to avoid the harsh penalties associated with an attempted murder conviction.
If the case proceeds to trial, a well-prepared defense strategy can lead to an acquittal, where the jury finds the defendant not guilty. An acquittal completely clears the client of all charges, resulting in no criminal record or penalties. This outcome is often achieved by creating reasonable doubt in the minds of the jury about the prosecution’s case.
Sometimes, the most favorable resolution involves negotiating a plea deal with the prosecution. In these cases, the defense attorney works to secure a reduced sentence or alternative charges with less severe penalties. This option may be particularly beneficial if the evidence against the client is strong but mitigating factors, such as lack of intent or self-defense, support a lesser charge.
Protect Your Future—Contact Our Los Angeles Defense Attorney
If you’re facing attempted murder charges, The Law Offices of Arash Hashemi can help. With over 20 years of experience in defending clients against serious felony charges, we know how to build a powerful defense strategy aimed at protecting your future and avoiding the severe consequences of a conviction.
Attorney Hashemi and our legal team will review every detail of your case, challenge weaknesses in the prosecution’s evidence, and explore all possible defense options, including self-defense, mistaken identity, and procedural errors. We are committed to achieving the best possible outcome for each client.
To discuss your attempted murder case and explore your defense options, contact our office today. You can also schedule a 15-minute consultation through our secure online system. Our office is located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, Westwood, and surrounding areas.
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