Chicago Attempted Murder Lawyer
Chicago Premier Attempted Murder Lawyer
Often enough a split second decision, can alter ones life at a blink of an eye. Attorney, Mitch Furman, knows that the consequences of making a wrong choice can result in the harshest of penalties. With over 20 years of legal experience as a trial lawyer, I understand that often times acting under impulse or duress can result in criminal prosecution that is devastating on the person's life. If you or your loved one have been charged with a crime of attempted murder, it's time to contact a skilful and competent lawyer that can help you. My team of attorneys and I, are here to listen and provide incomparable representation for your attempted murder charge. We can help. Call, Chicago Premier Attorney Today.
What Classifies as Attempted Murder?
In the world of legalese, the word "attempt," is classified as an "inchoate," crime. By definition "inchoate" means, "just begun" or "so not fully formed or developed." Any attempted crime, such as attempted robbery or attempted battery, are the types of crimes that a person has begun to act on, but has not finished completing.
Illinois Attempt Murder Statute, states that, a person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a "substantial step" toward the commission of that offense. A "substantial step" is an act in furtherance of the criminal scheme and must be something more than mere preparation, but less than the last act necessary before the substantive crime is completed. As an example, a person who plans out a murder scheme and writes out a list of supplies needed to implement it, arguably has not taken a "substantial step" to commit first degree murder. On the other hand, if a person aims to kill another and shoots the gun but, misses his intended target. The prosecution will most likely argue that a "substantial step" to commit first degree murder had occurred.
Another important element that prosecution must prove to sustain a conviction for attempted murder, under the specific intent doctrine, is that the person intended to commit murder. If the prosecutor only offers evidence that a person intended to hurt, maim, injure or scare another individual, then the elements of attempted murder had not been met, and the conviction for attempted murder cannot be sustained.
What is Attempted First Degree Murder?
Attempted First Degree Murder occurs when a person does any act that constitutes a substantial step to commit murder and;
- he or she either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
- he or she knows that such acts create a strong probability of death or great bodily harm to that individual or another
What Are the Penalties For Attempted First Degree Murder?
Attempted First Degree Murder is a Class X Felony and non-probationable and is punishable by 6 to 30 years in prison. Additionally, if aggravating factors of Section 9-1 are present, the sentence shall be a term of imprisonment of not less than 20 years and not more than 80 years. These factors include;
- individual was a peace officer or fireman
- individual was an employee of an institution or facility of the Department of Corrections
- individual was an inmate at correctional institution or facility
- individual was an emergency medical technician - ambulance, emergency medical technician -intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel
What Is Attempted Second Degree Murder?
Attempted Second Degree Murder occurs when a person does any act that constitutes a substantial step to commit murder, but; does not have a specific intent, commonly referred to as premeditation, to kill another person.
What Are the Penalties For Attempted Second Degree Murder?
Attempted Second Degree Murder is a Class 1 Felony is punishable by 4 to 15 years in prison. It is also probationable. In this instance, the burden of proof shifts and;
- defendant proves by a preponderance of the evidence at sentencing that, at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill,
- and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death
What Can an Attorney Do For My Attempted Murder Charge?
Depending on a scenario of operative specific facts, an articulate and skilful lawyer can present an array of affirmative defenses available under the law. These may include the following;
- Self defense
- Lack of requisite intent
- No "substantial step" taken
Contact Chicago Premier Attempted Murder Attorney
If you have been charged with attempted murder, time is of the essence. Contact an experienced trial lawyer, Mitch Furman, for a free confidential consultation and an evaluation of your case. Let's discuss what matters to you and develop a strategy where my law firm can help you mitigate attempted murder charge.