Practice Area
Attempted Homicide Defense
Defending Against Serious Violent Assault Charges
Attempted murder and attempted homicide charges are among the most serious criminal accusations in California. These charges carry severe penalties including life sentences, and require immediate, aggressive defense representation.
John D. Forsyth has over 30 years of experience defending clients against attempted murder and violent assault charges. The key to defending these cases is often proving lack of specific intent to kill—a critical element the prosecution must establish beyond a reasonable doubt.
Unlike other assault charges, attempted murder requires proof that you specifically intended to kill the victim, not merely to injure them. This distinction is crucial and provides important defense opportunities.
Areas of Defense
Charges We Defend
Understanding Penalties
California Attempted Murder Penalties
First Degree Attempted Murder
- Life in prison with possibility of parole
- Minimum of 15 years before parole eligibility
- Qualifies as a "strike" under Three Strikes Law
Second Degree Attempted Murder
- 5, 7, or 9 years in state prison
- Enhanced if victim is police officer or firefighter
- Qualifies as a "strike" under Three Strikes Law
Important: If a firearm was used, an additional and consecutive sentence of 20 years to life may be imposed. Gang enhancements can add 15 years to life.
Legal Requirements
What Prosecution Must Prove
To convict you of attempted murder, the prosecution must prove beyond a reasonable doubt:
- 1
Specific Intent to Kill
You must have had the specific intent to kill another person, not just to injure them.
- 2
Direct Act Toward Killing
You must have taken a direct but ineffective step toward accomplishing the killing.
- 3
No Justification
The act was not justified by lawful self-defense or defense of others.
How We Fight
Defense Strategies
Lack of Specific Intent
Attempted murder requires proof of specific intent to kill. We challenge whether the prosecution can prove you had the intent to cause death rather than just injury.
Self-Defense / Defense of Others
California law permits the use of force when you reasonably believe you or another person faces imminent danger of death or great bodily harm.
Imperfect Self-Defense
If you held an honest but unreasonable belief in the need for self-defense, this may provide a defense to attempted murder charges.
Challenging Evidence
We scrutinize forensic evidence, medical testimony, eyewitness accounts, and police procedures to identify weaknesses in the prosecution's case.
Accident or Recklessness
We may establish that injuries resulted from accident or recklessness rather than intentional conduct designed to kill.
Mistaken Identity
In cases involving multiple parties or chaotic circumstances, we investigate whether you were misidentified as the perpetrator.
Take Action Now
Facing Attempted Murder Charges?
Your freedom is at stake. Contact John D. Forsyth immediately for experienced defense against attempted homicide charges.
Consultation Fee Policy
- •There is no charge for the first consultation if conducted at the office.
- •Any consultation conducted off-site or at a detention facility requires a fee paid up front.
- •If the client decides to retain the office, 100% of the consultation fee will be applied to the initial retainer for services.