Phoenix Attempted Murder Attorney

Attempted Murder Lawyer in Phoenix, AZ

Depending on how serious the victim’s injuries are and the particular facts of a case, an assault case can be charged as an attempted homicide or attempted murder. In Phoenix, Arizona, an assault offense can be charged as an attempted homicide if, for example, the defendant intentionally engages in conduct which would constitute murder if the attendant circumstances were as such person believes them to be. See Arizona Revised Statue 13-1001.

The classic example of this type of attempted homicide involves an individual who pulls the trigger of a gun he or she believes to be loaded while pointing it at the alleged victim. So long as the prosecutor can convince a jury beyond a reasonable doubt the the defendant intended to cause the death the victim, the defendant can be convicted of attempted murder in Arizona.

While the classic hypothetical of the unloaded gun easily demonstrated the defendant’s intent, most attempted homicide cases are not nearly as clear cut.

For example, an assault can involve such serious injuries to the victim (even if no weapon was used), that the prosecution might charge the defendant with attempted murder under the theory that the severity of the injuries would show the their intent to kill. Because the potential consequences of an attempted homicide conviction can be substantially harsher that those for an aggravated assault, this distinction is critical. Many times, these “marginal” cases are over-charged in Phoenix by the prosecution.

At trial, these cases will ultimately be decided by the jury who will have to determine whether the defendant intended to kill during the incident. Jurors will often be required to make their findings based on only circumstantial evidence. A seasoned Phoenix attempted homicide lawyer like Joshua S. Davidson has the trial experience necessary to maximize your chances of avoiding an attempted murder conviction.

Attempted Murder Law in Phoenix, Arizona

In addition to challenging the evidence regarding the defendant’s intent, a skilled attorney will also closely examine potential “affirmative defenses” such as self-defense. In most instances, a properly asserted self-defense claim can require the prosecution to prove not only that the defendant attempted to cause the death of the other individual, but also that the defendant did not act in self defense. This evolution of Arizona Criminal Law is a relatively recent development.

Until not that long ago, attempted homicide defendants in Phoenix were required to essentially prove their own innocence if relying on self-defense. Under certain circumstances, current law now forces to prosecution to prove, beyond a reasonable doubt, the absence of self defense in these cases. In addition to keeping current with this and other ongoing legal developments, Mr. Davidson has the trial experience necessary to maximize your chances of forcing the state to prove that your conduct was not a legitimate act of self defense.

Under Arizona Law, the crime of attempt is committed when a person if, acting with the kind of culpability otherwise required for commission of an offense:

1. Intentionally engages in conduct which would constitute an offense if the attendant circumstances were as such person believes them to be; or

2. Intentionally does or omits to do anything which, under the circumstances as such person believes them to be, is any step in a course of conduct planned to culminate in commission of an offense; or

3. Engages in conduct intended to aid another to commit an offense, although the offense is not committed or attempted by the other person, provided his conduct would establish his complicity under chapter 3 if the offense were committed or attempted by the other person.

It is no defense that it was impossible for the person to aid the other party’s commission of the offense, provided such person could have done so had the circumstances been as he believed them to be.

A.R.S. 13-1001

When charged with or arrested for murder, it is critical that you consult a seasoned criminal attorney immediately. An experienced defense lawyer like Joshua S. Davidson will fight for you and put his experience as a former felony prosecutor to work for you. He will seek the best possible outcome for your case and protect your rights.

Joshua S. Davidson is an aggressive defense lawyer who represents clients charged with attempted murder in Phoenix, Arizona. Contact him today.