If you have been charged with attempted murder for any of these reasons, contact our Indianapolis attorneys right away.
The Requirement of Intent
The prosecution has to prove, as stated by the Indiana Supreme Court, that the defendant had a specific intent to kill to prove him or her liable for attempted murder. This includes the intent to carry out the required actions to commit murder, including the substantial step, and the intent to kill the targeted victim. Therefore, to be convicted, the state has to prove that the defendant not only maimed, injured, frightened, or inflicted pain on someone, but also actually killed him or her.
The twin elements of the required substantial step and that specific intent to kill are often the most vulnerable in a charge of attempted murder. Proving these two elements is often very challenging, and it helps to have an experienced Indianapolis attempted murder attorney to do it for you. Additionally, defendants may claim the defense of impossibility—that even if everything went according to the planned murder, the murder still would have taken place because it was impossible. Another defense, which is more difficult to claim, is withdrawal. With this defense, the defendant must prove that even though he or she committed to take at least one substantial step, he or she later decided not to commit the murder. To prevail using the defense, the defense must be able to show that the crime was abandoned because the defendant stopped efforts to move forward or took affirmative steps to prevent the killing from happening.
Uniquely, attempted murder is the only crime in Indiana criminal law where the attempt does not share the same penalties as the actual offense. Attempted murder is considered a Level 1 felony, punishable by a fixed prison term between twenty and forty years and a fine not exceeding $10,000 under Ind. Code § 35-50-2-4. In comparison, murder may carry a sentence of between forty-five and fifty-five years and occupies its own section of the sentencing statute.
Contact Our Indianapolis Attorneys Now For a Solid Legal Defense to Attempted Murder Charges
If you were charged with attempted murder anywhere in the Central Indiana area, you must contact an experienced Indianapolis attempted murder lawyer immediately. It is a serious charge, and waiting before you seek legal assistance may be detrimental to achieving a favorable result. Call Eskew Law at 317-942-3942 or submit our online consultation request form. We will review your case, conduct a thorough investigation, and help you determine the best strategy for an effective homicide defense.
