Attempted Murder Attorney in Silver Spring

Attempted murder is a felony offense, carrying substantial jail time, hefty fines, and long-lasting consequences if you’re convicted. You need an aggresssive and experienced Attempted Murder Attorny like the ones at Jezic & Moyse to defend you and strategize for your best outcome.

What are the different degrees of murder charges?

In Maryland there are two separate degrees of murder charges. They differ by what the prosecutor has to prove in order to obtain a conviction and the potential penalties a conviction carries.

Attempted First Degree Murder

Attempted first degree murder is a substantial step, beyond mere preparation, toward the commission of murder in the first degree. In order to convict the defendant of attempted murder in the first degree, the State must prove:

that the defendant took a substantial step, beyond mere preparation, toward the commission of murder in the first degree;
that the defendant had the apparent ability, at that time, to commit the crime of murder in the first degree; and
that the defendant willfully, and with premeditation and deliberation, intended to kill (name).

“Willful” means that the defendant actually intended to kill the victim. “Deliberate” means that the defendant was conscious of the intent to kill. “Premeditated” insinuates that the defendant thought about killing the victim and there was enough time (though it may only have been brief) for the defendant to consider his potential actions by weighing his reasons to murder or not murder.

Attempted Second Degree Murder

Attempted second degree murder is a substantial step, beyond mere preparation, toward the commission of murder in the second degree. Second degree murder does not require premeditation or deliberation. In order to convict the defendant of attempted murder in the second degree, the State must prove:

that the defendant took a substantial step, beyond mere preparation, toward the commission of murder in the second degree;
that the defendant had the apparent ability, at that time, to commit the crime of murder in the second degree; and
that the defendant actually intended to kill (name).

What is considered a “substantial step” towards attempted murder?

While intent to kill another person must be proven, a prosecutor must also prove that the defendant took a “substantial step” towards committing a murder. The definition of this term is vague, and is determined on a case-to-case basis. In a general sense, the term “substantial step” refers to an individual taking a direct action towards attempting to kill another person.

For example, this means the defendant had to have taken an action like using a weapon against the victim, not just buying a weapon and making threats. If an individual has taken a substantial step, the prosecution has a case and can move forward with the trial.

Attempted Murder Defenses

If you are facing attempted murder charges, you’ll want to build a strong defense. Keep in mind, if you do not practice the law yourself, you will most likely need the help of a qualified criminal defense attorney to help prepare your defense. Here are the most common defenses when an individual is facing attempted murder charges:

Self-defense: This defense claims that the defendant acted with the appropriate use of force to protect themselves.
No intent to kill: This defense claims that there was never an intent to kill the victim.
Incomplete attempt: This defense claims that the defendant did not take the steps required to try to murder the victim.
Under the influence of drugs or alcohol: This defense claims that the defendant was not in the right state of mind to understand their actions.

Potential Penalties for Attempted Murder

Attempted murder penalties vary depending on the degree of the charge. The sentence can also differ depending on whether the defendant is a repeat offender, and other factors. Here are the maximum penalties for attempted murder:

First degree attempted murder: First degree attempted murder is punishable by a sentence of up to life in prison. If a prosecutor is seeking this penalty, the defendant must be informed at least 30 days prior to the trial.
Second degree attempted murder: Second degree murder is punishable by up to 30 years in prison.

A criminal defense lawyer should be contacted if you are facing any degree of attempted murder charge. A qualified attorney can examine the details of your case, and determine the right defense for your charge. This can result in a reduced sentence, and can even result in the charges being dropped.

If you face one or more of these charges it is crucial to contact a criminal defense lawyer as soon as possible in order to protect your rights.

Source: Maryland Criminal Pattern Jury Instructions; MPJI-Cr 4:17.13

The Impact of an Attempted Murder Conviction

Beyond prison time, an attempted murder conviction can dramatically impact your personal and professional life. After serving prison time, the stigma of a felony conviction, particularly for attempted murder, can follow you long after your release.

Finding employment becomes exceedingly difficult, as many employers are hesitant to hire an individual with a violent criminal record. The conviction can also impact your ability to secure stable housing, as landlords often conduct background checks and may refuse to rent to those with serious criminal convictions.

And, of course, the conviction will almost certainly impact your social life. Some convicted individuals face estrangement from family and friends who struggle to reconcile with the nature of the crime. Some also face challenges in building new relationships, as the stigma around the conviction can lead to social isolation and exclusion from various activities.

Understanding the Role of an Attempted Murder Attorney

An attempted murder attorney in Silver Spring, MD, plays a crucial role in the criminal justice system by representing clients accused of one of the most serious crimes. If you’re facing attempted murder charges, it’s important to talk to one of the experienced criminal defense attorneys at Jezic & Moyse.

Your attorney will:

Investigate the charges against you, including reviewing police reports, examining evidence, and interviewing witnesses.
Identify weaknesses or inconsistencies in the prosecution’s case; this is always pivotal in formulating a robust defense strategy.
Build a strong defense strategy, such as self-defense, lack of intent, or mistaken identity, based on their investigation.
Negotiate with prosecutors, which may include plea bargaining to reduce the charges or the severity of the potential sentence.
Represent you in the event your case goes to trial, presenting the defense case, cross-examining prosecution witnesses, and presenting evidence and arguments that support your innocence or mitigate your guilt.

Criminal laws in Maryland are complex, so it’s crucial to have an in-depth knowledge of the nuances and what laws apply to your case. Your lawyer will handle the complexities of the legal system, keeping you informed of changes and providing you with updates throughout the process. Given the impact of an attempted murder conviction, it’s important to enlist your lawyer’s help in navigating your criminal case.

Talk to Our Experienced Attempted Murder Attorneys at Jezic & Moyse

An attempted murder conviction can have a far-reaching impact on your life, from your personal to professional life. If you’re facing an attempted murder charge, it’s important to seek help from a skilled criminal defense lawyer. At Jezic & Moyse, we’ve helped numerous Silver Spring residents navigate their charges to pursue the best possible outcome.