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Attempted Murder -- California's "Catch-all" Crime

By Neil Shous, Esq.

California?s attempted murder law is easy to charge but fortunately a little more difficult to prove. We say this because anytime someone is beaten, sexually assaulted, maimed, or even threatened, overzealous prosecutors charge this crime. They attempt to prove that any serious injury or any criminal conduct involving a weapon necessarily involves an attempted murder. However? Before you can be convicted of California?s attempted murder law, the prosecutor must prove that you had the ?specific intent to kill?. Not the intent to seriously injure someone, not the intent to threaten someone, not the intent to maim someone, not the intent to torture someone, but the specific intent to kill another person. Proving this intent can be difficult, absent very compelling evidence...continue to full post

Full post as published by California Criminal Defense Blog on July 20, 2010 (boomark / email).