Murder / Attempted Murder San Diego Criminal Defense Attorney
Murder
Murder cases are the most interesting, complex, emotional and time consuming cases a criminal defense attorney can handle, yet can be the most rewarding. It is not only gut-wrenching for the person accused of murder, but for that person's family as well. The best thing the family can do is get an experienced, knowledgeable attorney as soon as possible to get involved and start the investigation.
Murder cases come in many forms from Domestic Violence, to escalated bar fights to gang shootings, but they tend to have one thing in common, a lot of forensic evidence. Your attorney needs to be knowledgeable in such areas as DNA, Gunshot Residue, Ballistics, Fingerprint Analysis and Wound Pathology. More importantly, the attorney needs to know the weaknesses to look for in each of those sciences. A good murder defense lawyer can analyze this evidence and find a wealth of information and evidence to help and protect his client. Even the smallest inconsistency can be the difference between a client spending the rest of his life in prison or going home to his family.
Along with knowledge of the forensic sciences, your attorney must have the ability to recognize and assert the proper Defense(s). Self-defense cases are pretty straightforward, but an experienced attorney will recognize when various mental state defenses are appropriate and be able to bring the proper experts onboard.
Attempted Murder
Attempted Murder cases are often overcharged ADW (Assault w/ Deadly Weapon) cases and the consequences can be devastating. For example, an Assault with a Deadly Weapon case involving a gun could carry anywhere from 2 years to 9 years depending on the section charged. That same case charged as Attempted Murder can carry 25 to Life or even 50 to Life depending whether it is charged as an Attempted 2 nd Degree Murder or Attempted 1 st Degree Murder.
What is so frustrating is that Attempted Murder by itself carries 5, 7 or 9 years, it is the Gun and / or Premeditation allegation that elevates to a Life top case. Throw in gang or serious injury allegations and the years go up even further.
The single biggest issue with these cases is whether the prosecutor can prove"intent to kill". If the answer is yes, then Attempted Murder can be proven, if not, it is Assault with a Deadly Weapon. An experienced Defense Lawyer is crucial in these cases to analyze and attack the "intent to kill" issue, as well as assert any Defenses like Self-Defense or Defense of Others.
So how does one determine whether their lawyer has the experience necessary to handle a Murder or Attempt Murder case?? While years in practice certainly are relevant, the phrase "what have you done lately?" is even more relevant. You want a lawyer who not only has years of practice under his belt, but is currently handling and more importantly, TRYING Murder and Attempt Murder cases. There are a lot of lawyers out there who are posting results of Murder cases from five, ten even fifteen years ago or more. However, the law and forensic science is constantly changing and evolving. A defense lawyer who is currently handling and trying Murder or Attempt Murder cases, is one who is staying on top of those changes.
Additionally, Murder and Attempt Murder trials can be some of the longest and intensely fought trials out there. It is not uncommon for these trials to last a minimum of two weeks up to two months. These trials require the highest level of focus an attorney can muster both in the courtroom and in his office preparing for the next day. Thus, you can feel confident that a lawyer who is actively trying Murder and Attempt Murder cases is keeping his trial skills and trial preparation skills sharp.
I had two Murder trials and one Attempt Murder trial in just the last year with fantastic results (a Not Guilty, a Hung Jury and saved a client from the Death Penalty). I regularly attend seminars and trainings involving the various aspects of Murder Defense, and I belong to Criminal Defense Organizations such as the California Public Defenders Association which provides weekly updates on changes in the law. Thus, I have the experience and expertise necessary to defend you or your loved one if they are charged with Murder and it would be my honor to do so.
Remember, the Prosecution spends a lot of time and effort investigating and prosecuting Murder and Attempt Murder cases. You need an attorney who is willing to put in that same time and effort - I am that attorney.