Man's Rampage: Wife, Dogs and Parrot Killed
Posted on May 27, 2014 11:27am PDT
In most criminal defense cases, individuals can be charged with a crime that has elevated penalties due to "intent to kill." Intent to kill crimes concern offenses where the defendant wanted to kill another person but did not succeed. While some victims may claim intent to kill, the courts need to be strategic when they determine how they will work through this case.
The prosecution has the burden of proof and must evidence beyond a reasonable doubt that the defendant had a blatant intention to kill the victim. There is often strong evidence to support this attempted murder, but it can be difficult prove that intention beyond any reasonable doubt.
Intent to kill is also referred to in some states as malice aforethought. The killer does not actually have to verbally express the intention to kill, as it can be implied in his or her actions. For example, if a defendant has a firearm and fires the gun at a victim, only to miss or to wound but not kill, this can be interpreted as intention to kill. Sometimes the use of special implements or ammunition can also prove that a gun shot was intended to kill instead of just injure a victim.
Also, individuals who intended to kill someone but accidentally injured or killed another victim can still be charged with intent to kill. This often happens in drive-by shootings or public shootings where the gunfire may hit witnesses or pedestrians on the streets. In addition to this, courts can argue that a defendant took part in a "depraved heart" murder because he or she has an extreme indifference to human life.
Acting with extreme indifference to human life can be known as intent to kill even if the offender didn't actually "intend" to kill any specific person. This is an issue that has been argued in many cases where an individual was intoxicated at the time of an accident. If a defendant admits that he or she wanted to kill someone, this is solid evidence of intent.
These admissions can be thrown out when the officers elicit a confession without reading the defendant his or her Miranda rights. This is because police are required to inform you of the right to remain silent so that you can avoid saying incriminating things about your offense. If you want more information about intent to kill cases or if you need defense in an intent to kill case, don't hesitate to contact a skilled criminal defense attorney near you. Use this directory to locate an aggressive criminal defense attorney that can represent you in your case and help you to seek justice in your case!