Tucson Attempted Murder Lawyer

Defending Arizona Attempted Murder Charges

Attempted murder is one of the most serious criminal charges a person can face.  Unlike murder, an attempted murder charge does not require that anyone dies, or even that any person is injured.  Due to the seriousness of the crime, attempted murder charges are often thoroughly investigated, but always harshly prosecuted.  If you or a loved one has been charged with attempted murder, or a related serious charge, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

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WHAT CONSTITUTES AN ATTEMPT?
Under the Arizona Revised Statutes, there are three ways a person can be found guilty of attempt.  While acting with the kind of culpability otherwise required for commission of an offense, a person: (1) intentionally engages in conduct that would constitute an offense if the attendant circumstances were such that a person believes them to be, (2) intentionally does or omits to do anything which is any step in a course of conduct planned to culminate in commission of an offense, or (3) engages in conduct intended to aid another to commit an offense.  It is not a defense to attempt crimes (including attempted murder) that the person aided could not possibly have pulled off the crime, even with the aid.

WHEN IS ATTEMPTED MURDER CHARGED?
The most common scenario where attempted murder is charged is where a person intends to kill another person, and tries to do so, but does not succeed.  For example, a person shoots a gun at another person, yelling "I'm going to kill you" but only wounds the victim.  Assisting another person in a known attempt to kill someone is another common scenario.  This would involve an act such as driving a car for someone else to do a drive-by shooting; both the driver and the shooter would likely be charged with attempted murder if the intended victim(s) survive.  The most difficult cases are assault cases where there are either bad injuries or other evidence of an intent to kill.  It is common for prosecutors to overcharge a crime that would really be more appropriately an aggravated assault, as attempted murder to subject the accused to harsher penalties.  In these cases, it may be possible to plea bargain down to a lesser charge, or ultimately it may be up to the jury to decide whether the government can prove an intent to kill beyond a reasonable doubt. 

WHAT ARE THE PENALTIES FOR ATTEMPTED MURDER?
Attempt crimes reduce the level of the offense by one class.  Murder is a Class 1 Felony under Arizona Law, so therefore, Attempted Murder is a Class 2 Felony.  On its own, Attempted Murder is punishable by up to 20 years in prison.  Of course, with charges like Attempted Murder, it is not uncommon for there to be multiple counts, multiple charges, and other sentencing aggravating factors.

ATTEMPTED MURDER DEFENSES
Some of the most common defenses to Attempted Murder charges include:  Self-Defense, Mistaken Identity, Alibi, False Accusation, Insanity, Lack of Intent, and more.  With regards to self-defense, the government is required to prove, beyond a reasonable doubt, that the defendant did not act in self-defense; this is a tactical advantage for the defense at trial, provided that you have a skilled trial lawyer representing you.  Mistaken Identity is surprisingly common in attempted murder and murder cases; these crimes happen quickly, and investigators are eager to make an arrest, even when the evidence available is limited to a generic witness description, grainy surveillance footage, etc.  Each case is different, and the applicability of the possible defenses needs to be evaluated by an experienced criminal defense attorney, upon review of the evidence and proper investigation.

RELATED CHARGES
Some charges related to Attempted Murder include:  Murder, Homicide, Aggravated Assault, Assault, Domestic Violence, Drive-By Shooting, and more.  Other incomplete crimes include:  Solicitation, Conspiracy, and Facilitation.  Additionally, it is very common to see Attempted Murder charged alongside other crimes, including Felon in Possession of a Firearm, and there will be multiple counts of attempted murder for each intended victim, or combined counts of murder for victims who do die, and attempted murder for survivors.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, OR CHARGED WITH ATTEMPTED MURDER, OR OTHER SERIOUS OR VIOLENT FELONY CASES, YOU NEED A PASSIONATE, AGGRESSIVE, EXPERIENCED CRIMINAL DEFENSE ATTORNEY ON YOUR SIDE.  CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.
520-585-5757.

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