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How does Los Angeles classify an attempted murder?

The Prosecutor must prove the defendant took at least one direct but ineffective step toward killing a person and he/she intended to kill that person. 

What is considered a direct step? 

  • A direct step is one that goes beyond planning or preparation and shows that a person is putting his or her plan into action.
  • A direct step indicates a definite and unambiguous intent to kill. It is a direct movement toward the commission of the crime after preparations are made.

What is a special allegation?

There is a special allegation charge, which carries a life sentence for Deliberate and Premeditated Murder. The prosecutor must prove the crime was done willfully, and with deliberation and premeditation to find this allegation to be true. The prosecution has the burden of proving this allegation beyond a reasonable doubt. If the prosecutor fails to meet this burden, then the allegation is not proven. 

What is attempted Premeditated Murder? 

Attempted Premeditated Murder is a serious crime carrying a life sentence. We will work on making the prosecutor prove their case beyond a reasonable doubt. You also have possible defenses. Our office has successfully had attempted murder cases dismissed before trial, had charges reduced, and won a "not guilty" verdict for a man charged with attempted murder.