I've handled literally hundreds of attempted murder cases under California Penal Code 664/187 in the Valley over a 27-year defense career. That doesn't include working for the DA's office in East LA in the early 1990s and also working for a Superior Court Judge.
Since 1994, I've represented those people charged with attempted murder in the San Fernando Valley, whether it be in the Van Nuys court, the San Fernando court or any of the other Valley courts and I've had a lot of success.
What Must a Prosecutor Prove for Attempted Murder Conviction?
I think that success starts with understanding exactly what a prosecutor has to prove in the Valley in order to get somebody for an attempted murder charge.
First, they've got to prove that the person was intending to kill the other party. So, if the facts and circumstances don't warrant that. In other words, there's evidence that shows the:
- person wasn't trying to kill the other party, or
- they didn't continue to attack the other party after the initial shot;
- that in and of itself could be a defense to attempted murder, which his crucial.
Because assault with a deadly weapon and a whole host of other charges apply a lot of times in these cases where the prosecutors have chosen to charge the worse.
Attempted murder, and they do that because they know they can get a 15 to life sentence for a premeditated attempted murder in the San Fernando Valley, so that gives them a lot of fire power.
It gives them a lot of leverage when it comes to negotiating the case, because they can say, if you take the case to trial and lose, defendant, you're going to have to get a 15 to life sentence. If you don't want that sentence, then you'd better take our deal.
So, that's the first thing. We have to look to see whether, in fact, they really tried to kill the person. That's number one.
Number two, sometimes there's an identity issue when it comes to these attempted murder cases filed in the San Fernando Valley area. Maybe they don't really know who did the attempted murder.
Maybe it was a drive-by shooting, somebody was stabbed. Whatever the circumstances are, they must be able to prove who the person is who committed the prime. That's crucial.
Negotiation with Prosecutor and Self-Defense
The next thing you have to look at is the person's prior criminal record. You've got to look whether or not there's any defenses to the case. So, if we have a defense, then obviously, we're going to fight the case. If on the other hand:
- there was something that happened;
- then we may want to consider working out a deal;
- sometimes you've got a self-defense situation in these attempted murder cases.
In that case, obviously, that's another consideration when we talk about whether, in fact, we're actually going to try to fight the case or whether it's a scenario where we want to try to work out a resolution.
What still remains to be seen in these attempted murder cases in the San Fernando Valley is what this new head DA is going to do. He's changed a lot of things. He's taken life off the table.
He's taken the death penalty off the table, so what is he going to do with these attempted murder cases that are being fought all over Los Angeles county.
Criminal Defense for California Attempted Murder Charges
So, if you or your loved one has an attempted murder charge in the San Fernando Valley, pick up the phone. Make the call. Let's sit down and meet. If you want to hire me if your loved one's in custody, you can get me on the case.
I will go and talk to them once I speak to the prosecutor, I get all the evidence in the case, and then we're going to sit down and talk about what the best strategy is. Is this a case to plea bargain or is this a case to fight?
Obviously, with your loved one's permission, we will keep you informed. We will let you know what evidence there is in the case, what type of an investigation we're going to do and what type of a defense strategy we're going to take.
Pick up the phone now. Ask for a meeting with Ron Hedding if you or a loved one is charged with attempted murder in the San Fernando Valley.
This is what the best criminal defense attorneys do who win these attempted murder cases. They pick them apart piece by piece.
They get all the evidence. They do the investigation and they do what it takes to get the best possible result.
Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436.
We serve people is all Southern California courts, including LA County, Hollywood, Torrance, Inglewood, Orange County, Ventura County, Hollywood, Riverside, and San Bernardino. Contact us for a free case evaluation at (213) 542-0979.