If you have been arrested for the crime of Attempted Murder, call experienced criminal defense lawyer Max Gorby at (323) 477-2819.

 

Attempted Murder Defined (Penal Code 664):

California’s attempted murder law. “A direct step requires more than merely planning or preparing to commit murder or obtaining or arranging for something needed to commit murder. A direct step is one that goes beyond planning or preparation and shows that a person is putting his or her plan into action. A direct step indicates a definite and unambiguous intent to kill. It is a direct movement toward the commission of the crime after preparations are made. It is an immediate step that puts the plan in motion so that the plan would have been completed if some circumstance outside the plan had not interrupted the attempt.”

California’s attempted murder law (“kill zone”). (“A person who primarily intends to kill one person, may also concurrently intend to kill other persons within a particular zone of risk. [This zone of risk is termed the ‘kill zone.’] The intent is concurrent when the nature and scope of the attack, while directed at a primary victim, are such that it is reasonable to infer the perpetrator intended to kill the primary victim by killing everyone in that victim’s vicinity. [¶] Whether a perpetrator actually intended to kill the victim, either as a primary target or as someone within a [‘kill zone’][zone of risk] is an issue to be decided by you.”)

Attempted Murder is a difficult charge to prove in court.  The prosecutor must prove that the defendant actually had the intent to kill, not simply maim or injure the victim.  The jury will take into account all of the circumstances to determine if the defendant had the intent to commit murder, but failed to do so.  Attorney Max Gorby has defended charges stemming from Attempted Murder charges, most often on the grounds that his client lacked the intent to commit said crime.  A severe injury to the victim is not proof alone that there was intent to murder.

Please contact Attorney Max Gorby at (323) 477-2819 regarding any questions related to California Penal Code section  664 and 187  Attempted Murder.