While all crimes are punishable by our criminal justice system, murder is seen as the most serious of them all. The willful act of taking another life has serious consequences in Minnesota. However, you need not carry out the act to face punishment. Just like the act itself, the attempt to kill someone have very serious punishments as well and needs to be fought against just as hard as if it was actual murder so you don’t face the consequences.
What is Attempted Murder Comprised of?
In an attempted murder charge, it has two parts that the prosecution much prove – action and intention. The key to crafting a solid defense strategy with your attorney is to negate the validity of at least one part beyond a reasonable doubt to a jury.
In order to be convicted of attempted murder, the prosecutor for the case must prove action, or that you took a direct step towards killing the victim. This goes beyond simple planning, but rather putting that plan into action. If you were still in the planning stages, it cannot be proven that you took action. However, taking a direct step is a very broad area and covers many aspects, including:
- Luring or Stalking – The act of following or attempting to lure your target into a specific area is enough to prove action.
- Breaking and Entering – Breaking into and entering private property is a crime within itself, but it can also be used as action in an attempt to commit murder case.
- Solicitation – This spans paying or offering to pay money to someone to commit the murder or even to unknowingly take part in it.
- Construction – If you were intending to commit murder with an explosive or other weapon that required assembly, the act of assembly is enough for attempt to commit murder.
While you can very well kill someone in self-defense, there is no way you can “accidentally” attempt to commit murder. In order for an attempted murder charge to be valid, the prosecutor must prove that you had the intent required to commit the crime. There are two types of intent that can be proven.
- Intent to Take a Direct Step – If the prosecutor will be able to establish that you took a direct step, this intent can be difficult invalidate. However, there are occasionally small situations in which it is possible. Say, for example, you decided to build a bomb. Going out and buying the materials may be considered a direct step. However, if you bought the materials before you actually obtained the knowledge to build it, you did not yet possess the intent to take a direct step necessary.
- Intent to Kill – This intention can be a little more flexible in your favor. In order to be charged with attempted murder, you need to be proven to have the intent to kill. If your planned murder was only meant to scare or maim your target, then it is not attempted murder. It is, however, still a crime, but a lesser one.
Seeking Legal Representation
If you have been arrested for the attempt to commit murder in Minnesota, you face very serious penalties. You need to get in touch with a talented defense attorney as soon as possible so they can begin work on your case. Every defense strategy for every criminal case is different, strong affected by the unique facts of your case. If you are looking down these very serious charges, contact us today. Let the Law Office of Villaume & Schiek work hard to make sure that your case doesn’t have you facing the maximum penalties.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individualsituation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.