What is Attempted Murder Under New York Law?
Nearly any crime can be charged as an attempt and defendants are often charged with both attempting and completing a crime. Under New York law, an attempt occurs when a defendant acts with the intent to commit a crime and “engages in conduct which tends to affect the commission of such crime.” Generally, attempted murder arises when someone unlawfully tries to kill another but fails to do so. There are two basic issues that the prosecution must prove before a defendant can be convicted of attempted murder.
- The defendant had the intent to commit a murder. This goes to the mindset of the person being charged. Was the defendant’s action intentional or accidental? Intent can be proven by a defendant’s words or actions.
- The defendant engaged in conduct which tended to affect the commission of a murder. The prosecution must prove that the defendant engaged in some conduct beyond the mere mental intent to murder.
These issues must be proven by the prosecution “beyond a reasonable doubt.” This is a high standard of proof designed to prevent innocent people from being convicted of crimes. Reasonable doubt is the highest standard of proof in law and an experienced Brooklyn criminal defense attorney can help explain the standard to you and ensure that it is upheld during your trial.
What are Some Common Defenses to Attempted Murder?
Your legal defense team can raise defenses that may prevent you from being found guilty of an attempted murder charge. These defenses can be very nuanced and the experienced criminal defense lawyers at Epstein & Conroy, P.C. will work with you through the entire legal process to ensure that your defenses are completely and accurately presented.
- Self-Defense and Defense of Others. Generally, where you or another is being threatened with imminent unlawful physical force, or you reasonably believe that another person is about to unlawfully use deadly physical force, you have a limited right to protect yourself or those being threatened. The decision whether to claim self-defense at trial carries its own consequences and is one that should be made only after careful consultation with an experienced criminal defense attorney.
There are other defenses that might be appropriate to raise as well. Call us today to discuss.
What Should I Do if I Have Been Arrested on an Attempted Murder Charge?
The accused have constitutional protections and rights. Always remember that when you are arrested you have:
- The Right to Remain Silent. Anything and everything you say can and will be used against you at trial. Remaining silent after an arrest is your best option.
- The Right to an Attorney. The constitution gives the accused the right to have an attorney present when being questioned. Immediately request an attorney if you have been arrested and do not speak until one is provided to you.
Contact Epstein & Conroy, P.C. Today
At Epstein & Conroy, P.C., we believe in comprehensive criminal defense legal services that keep the best interests of the accused in mind at all times. Contact us online or call (718) 852-6763.