Castle Rock Attempted Murder Lawyer

Common Defenses Against Attempted Murder Allegations

Some of the most common defenses we build in attempted murder cases include:

• Lack of intent to kill: We would argue the prosecution has not proved beyond a reasonable doubt you intended for the victim to die. There are many scenarios where an assault occurs, but death was never the goal.
• Self-defense: If we can show you acted reasonably in response to a threat against your life, self-defense could provide a complete justification. However, self-defense claims can be complicated in disputes between family members or partners.
• Defense of others: This is similar to a self-defense claim, but it is saying that you took the action you did because you were defending someone other than yourself.
• Intoxication: You may have been too impaired by substances to form the requisite intent to kill. But intoxication cannot be used as a defense against general intent crimes.
• Mistaken identity: If we can demonstrate it was someone else who planned and carried out the attempted murder, we can defeat the charges against you.
• Duress: If you can show you acted under immediate threat against your life, you may have a duress defense. The threat has to be both imminent and involve deadly force.
• Entrapment: This applies in cases where you were induced by police to attempt to commit murder you otherwise wouldn’t have without that persuasion.

A skilled attorney will look at every angle of your case to build the strongest defense possible against attempted murder allegations.

Domestic Violence and Attempted Murder Charges in Castle Rock, CO

There are certain complexities when attempted murder charges stem from domestic violence incidents. Some important points to understand include:

• The existence of any restraining orders against you will be used as evidence of premeditation.
• Claims of self-defense become more difficult if there is a history of domestic violence from either party.
• Sentencing enhancements often apply based on the relationship between you and the victim as family or household members.

Navigating the Criminal Justice Process in Douglas County

Here is an overview of the key stages of the criminal justice process in an attempted murder trial:

• The police conduct an investigation, which may lead to your arrest if they believe they have sufficient evidence.
• Hiring legal counsel immediately allows us to start building your defense. We can conduct our own investigation as well.
• Prosecutors may offer plea bargain deals to avoid trial or if we are able to show them that the evidence is weak. Whether to take a plea deal depends entirely on the facts of the case and what goals the client wants to accomplish. Many attempted murder charges do end up on the trial track.
• We file motions to suppress illegally obtained evidence and any other motions needed to ensure a fair trial.
• If a trial happens, jury selection and opening statements come first. Then, the prosecution presents their case and witnesses to try to prove their guilt. You do not have to testify if you choose not to.
• We thoroughly cross-examine all prosecution witnesses and make motions for acquittal if the state has not met its burden. Then, we present our defense and call our witnesses.
• The jury receives instructions from the judge and hears closing arguments before deliberating on a verdict. If convicted, sentencing occurs later before the judge.

Seeking the Best Possible Outcome for Your Case

The penalties for attempted murder convictions are severe, especially for first-degree charges. But skilled defense attorneys have a wide range of strategies for achieving the best possible outcome, whether that involves a not guilty verdict at trial or a favorable plea bargain agreement.

• We leverage every possible defense and hold the prosecution accountable for their high burden of proof. Reasonable doubt about intent can defeat the charges.
• Negotiating an agreement for reduced charges in exchange for a guilty plea is often preferable over the risks of trial. Manslaughter, for example, has lower sentencing guidelines and risks.
• When a trial is the best option, we are not afraid to put the prosecution’s case to the test before a jury. Their burden is high, and just one juror voting not guilty prevents a conviction.
• Sentencing guidelines provide a range, and we work to position you for the lowest end through mitigating factors.