Murder is the most serious charge most police officers and law enforcement agencies will have to process in an entire career. In addition, while murders happen more frequently than most people would like to think, there is a process for answering this crime. Primarily, there are several types of murder:
- First degree murder - where there is an intent and premeditation to plan that murder
- Second degree murder - where the crime is not premeditated and often takes place “in the heat of passion”; or where a person dies during someone’s dangerous action and lack of concern for the human life of others
- Manslaughter - which can be voluntary or involuntary, where the crime is not premeditated and can occur as a result of some recklessness or the heat of passion
- Attempted murder - where someone attempted or tried to commit murder, but failed, and the victim survived the attack.
Each type of murder charge has several possible defenses, so it can be vital to contact a criminal defense attorney immediately and allow that attorney to find evidence quickly and thoroughly.
Defending an Attempted Murder Charge
While any type of murder charge is a serious offense with heavy penalties, up to and including the death penalty, there are some defenses a defendant can use to get the charges reduced or dropped, or to be found innocent of the crime:
- Self-defense
- Insufficient evidence
- Factual innocence – whereby someone falsely accused of a crime may petition to have their arrest records destroyed and all records would make it appear as if the charge never occurred at all
- Pleading Insanity
In all of these defenses, it is important to have expert legal advice helping to provide proof and argue for that defense effectively in court.
Attempted Murder Arrest and Police Booking Procedures
As in other criminal cases, a law enforcement official must have probable cause to charge someone with the crime of murder. Either the officer witnessed the act, or they had reasonable evidence to believe the suspect is guilty, or there is a relative of the victim or a witness who can provide sufficient evidence of the crime of murder.
Once an arrest takes place, the suspect will be booked or processed. This can, in some cases, include setting a bail amount. However, when the charge is murder, either there may be no opportunity for bail, or the bail may be so high that the suspect is unable to find someone to finance it.
Often an arraignment or grand jury hearing will take place next. These functions are to help determine if there is sufficient evidence to hold and try someone for murder.
Court Case Procedure
The most important element of a criminal case that goes to court is having sufficient evidence to leave a reasonable doubt in the minds of the jury. In order to accomplish this, the defendant must have a criminal attorney that is not only a good investigator, but also an excellent litigator. Unless the prosecutor proves the defendant guilty beyond a reasonable doubt, the jury will have to vote not-guilty and set the accused free.
How a Lawyer Can Help
No one can generally beat a murder charge on luck or a fast-talking attorney. Successful murder defenses are generally built on evidence presented effectively by skilled criminal defense attorneys who are experienced litigators. They understand the law, but also the most effective means of convincing a jury of their client’s innocence. Without an attorney with these skills, many more defendants would find themselves behind bars (or worse) for a very long time.
