Attempted Murder in New Jersey Not Always Easy to Prove
Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.
Posted: August 27, 2009
As I wrote in yesterday’s attempted murder related post, attempted murder is not an easy charge for the Prosecutor to prove in New Jersey. Consequently, a defense attorney can often negotiate a better deal with the Prosecutor or defend the case at trial when an attempted murder charge is the primary crime charged against a defendant.
Why would a Prosecutor be willing to negotiate? The answer is simple – attempted murder is one of the hardest, if not the hardest, charge to prove. The Prosecutor would have to prove beyond a reasonable doubt that the accused’s sole purpose in striking, stabbing or shooting another was to kill them. Often times, however, an accused wildly attacks another while enraged – acting recklessly – but certainly not purposely which is required to prove the charge.
Do not get me wrong, there are some attempted murder cases that the Prosecutor will have a much easier time proving. Where the alleged victim has been stabbed or shot multiple times and left unconscious, the Prosecutor will be able to effectively argue that the accused believed he accomplished his purpose when he left the scene. But most cases fall into a gray area. The accused may react to a situation without pre-meditation and on the spur of the moment – perhaps instinctively striking another causing serious injury but without a purpose to kill. If a an alleged victim is walking and talking after an attack while the accused flees the scene, it certainly would appear as if the accused’s purpose was not to kill.
Attempted murder is one of the most serious criminal charges a person can face but, my point here is that it is often defensible. Although the minimum plea offer on an attempted murder charge is 10 years, an experienced defense attorney can usually get a better plea offer under the right circumstances or effectively defend the case at trial if a satisfactory plea agreement cannot be reached.
If you have been accused or charged with attempted murder in New Jersey you need an experienced New Jersey criminal trial lawyer. At Clark, Clark & Noonan, LLC, our attorneys are former prosecutors who have successfully handled numerous attempted murder cases. Call us today for a free consultation at 732-303-7857.
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