Defending You From Attempted Murder Charges
What is Attempted Murder ?
Attempted murder occurs when an individual has the intent to commit murder and takes action to commit the murder. Attempted murder is committed when the individual’s attempt to murder is unsuccessful.
Considering the fact that attempted murder crimes are unsuccessful and therefore incomplete, the main element imperative to securing a conviction is establishing the defendant’s intent.
Action
To be convicted of attempted murder (Aggravated Assault in Texas), the court must be able to prove that the defendant took a “direct step” toward committing the murder.
Courts identify the requirements for a “direct step” by stating one must go beyond simply preparing to commit the crime; and therefore put the necessary measures in motion to execute the murder.
Actions that are considered “direct actions” varies from case to case, a wide range of actions constitute “direct actions” such as constructing, soliciting, luring, breaking in, stalking, ambushing, and more.
Intent
Simply attempting or actually inflicting bodily harm to an individual is not enough damage to be constituted as attempted murder. The prosecutor must provide substantial evidence that the defendant’s intent was to kill the victim.
Attempted Murder Penalties
Attempted murder is separated and charged by: first or second degree.
Degrees
- 1st Degree – To be considered attempted murder in the first degree, the defendant had to intentionally, with premeditation, attempted to kill the victim.
- 2nd Degree – To be considered attempted murder in the second degree, the defendant had to act without premeditation.
Sentencing
Convictions for attempted murder in the first degree carries a greater burden than a conviction for attempted murder in the second degree. First degree murder constitutes a prison sentence that may result in 5 years to life with the possibility of parole. Second degree murder sentences usually range from 5-15 years depending on the severity of the injury inflicted on the victim.
Possible Defenses
In an attempted murder charge, the main element to securing a conviction is proving the defendants intent and action to kill the victim. Attempted murder charges can be invalidated by:
- The defendant did not have the intent to kill.
- The defendant did not take the necessary steps to put the murder attempt in motion.
You’ll Need a Strong Legal Defense
If you have been charged with attempted murder, it is imperative that you acquire quality legal assistance. The severity of an attempted murder conviction has the capability to ruin one’s life. Defense Attorney Joe Gagliardi has many years of experience fighting attempted murder charges as well as a superior understanding of the law of the land.
Contact The Gagliardi Law Firm, PLLC at 713-224-6277 for a consultation about your attempted murder charge in Harris County and surrounding counties.