Murder / Attempted Murder

Murder is the unlawful killing of another person, without cause or justification. The level of punishment depends on the gravity of the crime. As one of the more serious charges, it can carry the heaviest penalties and sentences, including life imprisonment without parole for first-degree murder.

Even an aborted or a failed bid for murder can come with a lengthy prison sentence.

I can defend you. As a former prosecutor and now defense attorney, I have the experience that translates into favorable results for clients.

Elements of Attempted Murder

Attempted murder is the unsuccessful act of committing the crime. Like murder, it is classified into first-degree and second-degree charges.

First-degree attempted murder is deliberate and premeditated. But if the victim were a police officer, it still counts as first degree, regardless if it was planned or not. Second-degree attempted murder, on the other hand, involves acting without premeditation, for example, in the heat of passion.

To be found guilty of attempted murder, the prosecutor must prove that you took a direct step to kill the victim, and that you went beyond planning to commit the crime.

The following are the range of actions considered as “direct steps”:

• Stalking or ambushing: This involves following the victim around, tracking them down, or hiding, waiting for the right moment to commit the crime.
• Breaking-In: This involves illegally sneaking into someone else’s property, where the victim is assumed to be located.
• Soliciting: This involves convincing someone else to commit the murder. For example, paying an individual to execute the key part of the crime, such as planting a bomb.

The prosecution must also prove that the intent was to kill the person. This means that if the intent was to inflict bodily harm or disfigure the victim, you cannot be charged with attempted murder. The DA has to show credible evidence of actual intent to kill.

Attempted Murder Sentencing

The prison sentence for first-degree attempted murder is often life with the possibility of parole. Jail time for second-degree attempted murder usually ranges from five to 15 years.

If you or a loved one has been accused of attempted murder, don’t hesitate to contact Olivier E. Roche, Esq. I’ve handled cases as a prosecutor in Suffolk County, which means I know the justice system from both sides. I have handled attempted murder cases. I can predict the actions of the opposing side and use it to build a strong, personally tailored defense for you.

Call today and get a free 15-minute consultation.