Attempted Murder Lawyer in Burlington

Burlington Criminal Lawyers

Attempted murder is the incomplete, unsuccessful act of killing someone. It is a serious criminal offense that, in all but a few cases of mitigating circumstances, can result in substantial prison time. In order for a person to be guilty of attempted murder, that person should have deliberately, intentionally or recklessly with extreme disregard for human life, attempted to kill someone. There should be some substantial step towards committing the crime.

What is the difference between Murder and Attempted Murder?

Murder – It is also called homicide It is the willful killing of a person with intent to kill or cause grievous bodily harm. However, it does not include dangerous driving causing death the unlawful killing of a person as a result of dangerous or negligent driving without intent to kill. This is a different offence and has a maximum penalty of 14 years in prison.

Attempted murder – It is the failed or aborted attempt to murder another person. Just like other crimes, attempted murder consists of both an action and an intention. In attempted murder, a person must take a direct step towards the killing and must have the specific intent to kill that person.

What is Attempted Homicide? Is it the Same as Attempted Murder?

As previously mentioned, attempted murder may also be referred to as attempted homicide. Homicide refers to a specific crime in which another human being unlawfully killed. Homicides are considered to be violent felonies, and can result in considerably harsh penalties. The crime of attempted homicide occurs when a person acts deliberately, intentionally, or recklessly with extreme disregard for human life.

  • Legal definition of attempted murder requires you to “more than physically prepare” to kill someone.
  • Must be proven that murder, not serious injury, was the intent and that the crime was planned.
  • Not a crime committed in the heat of the moment.

If attempted murder can be defined as the incomplete or unsuccessful act of killing someone, attempted homicide can be defined as the failed attempt of a human being trying to physically kill another.

What elements are required to Prove Attempted Murder?

It is a federal crime to attempt to commit nearly all of the most frequently occurring federal offenses. Attempt consists of two elements.

  • Intent – You cannot accidentally commit attempted murder. To be convicted of attempted murder, a prosecutor must show that the accused specifically intended to commit the crime. The prosecutor must not only show that the accused intended to kill, but that the intent was to kill the specific victim. A person commits an attempt when, with intent to commit a specific offense, he does any act which constitutes a substantial step toward the commission of that offense.

  • Action – In addition to having the intent to kill another individual, the prosecution must also prove that the defendant took a substantial or direct step towards committing a murder. Preparation is thinking about committing the crime, talking about it, or otherwise planning to do it, while perpetration is taking an action that puts the plan in motion and that would result in the intended killing.

A court can also make ancillary orders on a defendant if they are found guilty and convicted of an attempted murder offence. These are extra elements of punishment that can be added to a sentence and include additional restrictions or requirements that can affect a dependent’s finances, your property or business or financial activity.

What are the punishment for Attempted Murder?

The punishment for attempted first-degree murder (murder that it premeditated, willful and deliberate) is life in prison with the possibility of parole. Offenders typically spend at least 10 years in prison, although mandatory minimum sentences for attempting to murder a public official may be 10 to 15 years.

The punishment, in contrast, for attempted second degree murder (murder that is not premeditated, willful and deliberate) can be five, seven or nine years in state prison. Sentences can be for longer periods if a firearm was used or if the crime was committed by a gang member or at the direction of a criminal gang.

Are There Any Defenses to Attempted Murder?

Facing attempted murder is a pivotable moment in a person’s life. It is the time to reach out to an inexperienced criminal attorney or a former prosecutor who touts his convictions but lacks experience gaining murder acquittals.

Common Legal Defence for Attempted Murder are:

Self-Defense: Self-defense is another common legal defense for attempted murder. For example, if someone pulls a gun on you and you pull a gun on them and shoot first, you will likely not be considered to have committed attempted murder.

Abandonment is a complete defense to attempted murder, so long as you did not take a direct step towards accomplishing the murder. To use this defense, you must have freely and voluntarily abandoned your plan to kill someone without taking a step toward accomplishing it. Defenses are few and rarely recognized. Impossibility to complete an attempted offense offers no real obstacle to conviction. Abandonment of the effort once the substantial-step line has been crossed is no defense. Entrapment may be a valid defense when the government has induced commission of the crime and the defendant lacks predisposition to engage in the criminal conduct.

Talk to a Lawyer.

If you are accused of attempted murder, you need an experienced murder lawyer fighting for your freedom. Our attempted murder attorneys have a proven record of 35 years of successfully defending clients charged with attempted murder.

The prosecution will assign a senior attorney to any case in which the result of the crime is the death of another person. The prosecution will be under a lot of pressure from the deceased person’s family, loved ones, and community to get the maximum penalty allowed by law. You will need an attorney that can properly respond and defend you or your loved one.

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