On April 26th, 2013 the Bakersfield Sheriff's Office reports that a man, J.R., entered into an argument with another man in a church parking lot and the argument resulted with J.R. shooting the other man multiple times. J.R. fled the scene and hit the victim with his vehicle while driving away, leaving the victim with many severe injuries. J.R. has a warrant out for his arrest for attempted murder, assault with a weapon, as well as a felon possessing a firearm.
The penalties for attempted murder are harsh and unforgiving. The conviction for first degree attempted murder is a life term in prison in California with the chance of parole. If you are convicted for second degree attempted murder, you would be facing either a five, seven or nine year sentence in prison. On top of these California state prison sentences, the defendant could also face additional penalties, such as victim compensation, which vary from case to case according to the injuries and other factors, a fine up to $10,000, or losing the right to own or have a firearm.
In order to be convicted of attempted murder, it must be proven that you made at least one direct action to kill another person. This entails more than just plotting to kill someone; the plan must have been implemented for the action to be considered an attempted murder. The other fact that the prosecutor must prove is that it was your intention to kill a person, and proving intent is one of the most complex processes in California. This is because showing intention to severely injure someone is not enough proof to prosecute a defendant. The defendant must have been directly aiming to kill the person. This regulation is blurred however, by other rules, which allows the defendant to be prosecuted even if they did not have a definite target. For example, a person can be charged with attempted murder for shooting a firearm into a group of people intending to kill without obtaining a specific target. Ultimately, neither of these facts are easily proven, which makes it an intricate process, especially in California.
In light of the severity of these charges, contacting a Bakersfield criminal defense attorney is imperative if you are facing allegations of attempted murder. Do not be ill-informed when it comes to your future; if you or a family member is falsely accused or has been wrongfully arrested for attempted murder, make sure you know all your defense options. Contact Humphrey & Thompson to ensure that your rights are protected and you receive a fair trial!