San Clemente Fight Results in Three Charged for Attempted Murder
San Clemente, Orange County - Three men have been arrested for attempted murder following a fight in San Clemente last Friday.
Witnesses says they saw up to 12 people fighting in a parking lot, and the Orange County Sheriff's Department says it's unclear what started the fight.
One teenager was taken to the hospital after being hit in the head with a brick, according to sheriff investigators.
That victim's father lives nearby and was awakened when he heard his son being beaten, which he went outside and intervened throwing the suspects off his son and taking his son back to his house, according to sheriff detectives.
For there to be attempted murder charges there has to be two elements, that the suspects took at least one "direct step" towards killing another person, and that they intended to kill that person, explains Irvine criminal attorney Michael L. Guisti.
In this case the direct step would likely be using the brick to kill the suspect, but the victim's father stepped in preventing his son from being killed, says Guisti.
Now the second element of attempted murder is the intent to kill, which can be difficult to prove, according to Guisti.
Chances are somebody in this large group told detectives that there was a plan or intent to kill this victim, which is likely why the three suspects are being charged with attempted murder and not assault and battery, says Guisti.
One of the things detectives, prosecutors and criminal defense attorneys look at is where on the body the victim was attacked with the weapon, and if the victim was attacked in a non-vital area of the body it can be argued the suspect was only intending to injure the victim, explains Guisti.
As well this is one of these crimes where what you say to detectives could be constructed as attempted murder even if that wasn't the case at all, which is why it's always best to invoke your right to remain silent until your defense attorney is present, says Guisti.
As one would expect attempted murder is a very serious felony charge and if convicted the suspects could face life in prison, says Guisti.
If you're facing attempted murder charges you need to call the Orange County murder attorney experts right now at the Law Offices of Michael L. Guisti.
This is a charge that could send you to prison for the rest of your life, but our Orange County criminal attorney experts have over a decade of experience successfully reducing and even dismissing charges of attempted murder in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.
Your life is on the line, so please, call us now.



