Were You Charged With Attempted Murder in Boulder, CO?
When you’re accused of attempting to take another person’s life, the consequences couldn’t be more severe. A conviction can mean decades behind bars. But an arrest is not a conviction – you still have the right to fight back against these charges with a strong legal defense.
At Dawson Law Office, our Boulder attempted murder attorneys understand the gravity of your situation. We know your freedom is on the line, and we’re committed to putting our extensive experience to work to defend you. Our team will thoroughly investigate the allegations, identify weaknesses in the prosecution’s case, and build a compelling defense strategy tailored to your circumstances.
Don’t let an attempted murder accusation destroy your future – contact us today for a confidential consultation, and let us start protecting your rights.
Attempted Murder Charges in Colorado |C.R.S. 18-2-101
Under Colorado law (C.R.S. 18-2-101), attempted murder occurs when a person takes a substantial step towards intentionally causing the death of another person.
The prosecution must prove two key elements:
- The defendant had the specific intent to commit murder.
- The defendant acted considerably towards carrying out the murder.
More on the substantial step element
In the context of attempted murder charges, a “substantial step” refers to any action, inaction, or possession that strongly indicates the defendant’s firm intention to follow through with committing the murder.
This crime element means that the accused has gone beyond mere preparation and has taken significant action towards carrying out the killing, even if he or she did not ultimately complete the murder.
Independent crime
It’s important to note that attempted murder is a distinct charge from other crimes like assault.
Even if you did not physically harm someone, you could still face attempted murder charges if the prosecution proves you intended to kill and took action to further that goal.
Penalties
According to C.R.S. 18-2-101, attempted murder is a Class 2 felony, punishable under C.R.S. § 18-1.3-401, (V.5)(A) by:
- 8 to 24 years in prison.
- $5,000 to $1,000,000 fine.
- A Mandatory parole period of 5 years.
Defenses Against Attempted Murder Allegations
While the consequences of an attempted murder charge are stunning, remember that an accusation doesn’t equal a conviction.
There are several defense strategies we can use on your behalf to fight the allegations.
Lack of intent
The prosecution must prove you specifically intended to kill. This element could be a viable defense if your actions were reckless or negligent but not intentional.
Mistaken identity
Eyewitness identifications are notoriously unreliable. If someone wrongly accuses you, we can cast doubt on the identification.
Alibi
This defense is powerful if evidence shows you were elsewhere when the alleged crime occurred.
Self-defense or defense of others
Self-defense may justify your actions if you were acting to protect yourself or another person from imminent harm.
Insufficient evidence
The state must prove its case beyond a reasonable doubt. Your attempted murder attorney can challenge the evidence and argue it falls short of this high standard.
Other potential defenses include entrapment, duress, insanity, or mental incapacity. Our experienced criminal defense lawyers will thoroughly investigate your case to identify the most effective strategy.
Why Skilled Criminal Defense Lawyers Are Important
Personal legal representation can make a big difference in the outcome of your case when fighting attempted murder accusations.
Here’s how our criminal defense attorneys can impact your case:
- Conduct an independent investigation to uncover exculpatory evidence.
- Identify weaknesses and inconsistencies in the prosecution’s case.
- Advise you on the pros and cons of accepting a plea deal vs. going to trial.
- Argue for dismissal of charges or exclusion of illegally obtained evidence.
- Aggressively assert your rights at every stage of the proceedings.
- Leverage our familiarity with Boulder courts and the local criminal justice system in your favor.
Your legal counsel is your tireless advocate, exploring every avenue to build the strongest possible defense on your behalf.
Why Forensic Evidence Matters in Attempted Murder Cases
Forensic evidence in attempted murder cases plays a pivotal role in determining case outcomes.
Types of forensic evidence
Evidence includes DNA analysis, ballistics testing, fingerprint examination, and more.
We scrutinize all forensic evidence against you for inconsistencies, improper collection methods, or breaks in the chain of custody that could undermine its credibility.
Leveraging evidence
However, forensic evidence isn’t just a tool for the prosecution. Your lawyer can also leverage forensic analysis to bolster your defense.
- FOR EXAMPLE – DNA testing might prove that someone else was at the crime scene, or ballistics analysis could show that the weapon involved doesn’t match the one associated with you.
Never underestimate the power of forensic science in an attempted murder case – it could be the key to securing your freedom.
Diminished Capacity and Intoxication Defenses
Not all Boulder attempted murder charges involve cold, calculated plots.
Sometimes, the accused may have been struggling with mental health issues or acting under the influence of drugs or alcohol.
Capacity defense defined
While these circumstances don’t excuse the alleged conduct, they can form the basis for a diminished capacity or intoxication defense.
- Diminished capacity argues that the defendant was unable to form the specific intent to kill due to a mental defect or psychiatric condition.
- Intoxication asserts that the accused was so impaired by drugs or alcohol that they couldn’t fully comprehend their actions.
Expert testimony is needed
Pursuing these defenses requires the expertise of psychologists, toxicologists, and other medical professionals to testify about the defendant’s state of mind.
If successful, a diminished capacity or intoxication defense could result in the courts reducing the attempted murder charge to a lesser offense or even an acquittal.
Our Approach to Attempted Murder Cases
We know that an attempted murder conviction can ruin your life. That’s why we leave no stone unturned in fighting for your freedom.
Our defense approach includes:
- Thorough case evaluation and meticulous evidence gathering.
- Close collaboration with you to understand your unique circumstances.
- Enlisting expert witnesses when beneficial (forensic specialists, psychologists, etc.).
- Exhaustive analysis to construct the most compelling defense strategy.
- Tireless pursuit of the best achievable outcome in your case.
- Treating you with the respect, discretion, and personal attention you deserve.
We’ve guided numerous clients through this complex process and are prepared to bring that same dedication to your defense.
What to Expect in an Attempted Murder Trial
If your Boulder attempted murder case proceeds to trial, you should understand the process and what to expect.
We will be by your side during every step as your case moves forward in the following manner:
- Jury selection: The prosecution and defense will question potential jurors to assess their suitability to hear the case fairly.
- Opening statements: Each side will present their case theory and what they believe the evidence will show.
- Witness testimony and cross-examination: The prosecution and defense will call witnesses and experts to testify, with the opposing side having the chance to cross-examine them.
- Closing arguments: The attorneys will make their final case to the jury, summarizing the evidence and arguing for a verdict in their favor.
- Jury deliberation and verdict: The jury will deliberate privately until they unanimously decide on your guilt or innocence.
Your legal counsel will vigorously challenge the prosecution’s case throughout your trial, present favorable evidence and witnesses, and fight for your acquittal.
Remember, the burden of proof lies with the state, and your attorney will hold them to that high standard.
Don’t Face Boulder Attempted Murder Charges Alone
Attempted murder accusations have the power to derail your life, but remember – there’s a Colorado criminal defense law firm nearby to help you.
Schedule a consultation with the Dawson Law Office to start building your robust defense.
Don’t wait – contact us today to discuss your case and explore your options.
