Being arrested and charged with attempted murder in San Diego is one of the most terrifying legal situations a person can face. The possibility of spending the rest of your life in prison becomes real the moment you’re handcuffed. If you find yourself accused of attempted murder, your best chance at protecting your freedom and future lies in hiring a San Diego criminal defense attorney who knows how to dismantle the prosecution’s case before it ever reaches a jury. At Sevens Legal, we believe that early intervention, a strategic defense, and aggressive courtroom advocacy are the keys to changing the outcome in an attempted murder case. If you are facing felony charges in San Diego, call Sevens Legal at (619) 430-2355 for a free consultation.
Key Takeaways
• A preliminary hearing is a crucial step in a San Diego felony case where charges can potentially be dismissed before trial.
• Getting an attempted murder charge dismissed at this stage is rare, particularly when premeditation and domestic violence allegations are involved, but not impossible.
• Early intervention by an experienced criminal defense lawyer in San Diego can uncover weaknesses in the prosecution’s case and lead to major legal victories.
• Successful dismissal of serious felony charges like attempted murder requires deep legal knowledge, courtroom skill, and a strategic, evidence-driven defense approach.
• If you’re facing felony charges in San Diego, the attorney you choose may determine whether you go to trial or walk free.
Preliminary hearings serve as the first opportunity for the defense to challenge the prosecution’s evidence and potentially shut down a case before it escalates to trial. While the burden of proof is lower than in a full trial, a skilled criminal defense lawyer can leverage this early stage to scrutinize evidence, highlight weaknesses, and shift the balance in the defendant’s favor.
What is a Preliminary Hearing in San Diego Criminal Cases?
In California, the preliminary hearing is held after a person is charged with a felony. It is not a trial, but a legal proceeding where the judge evaluates whether the prosecution has enough evidence to justify moving forward to trial. The burden of proof at this stage is “probable cause,” a much lower standard than the “beyond a reasonable doubt” standard required at trial.
At the preliminary hearing, the prosecutor presents witnesses and evidence. Your lawyer has the right to cross-examine those witnesses and challenge the validity of the prosecution’s case. If the judge finds that the evidence is insufficient, they can dismiss one or more charges entirely.
The preliminary hearing—often called a “prelim”—is a pivotal opportunity to stop the most damaging charges before they take hold. It often sets the tone for the remainder of the criminal case.
What Should I Do if I’m Charged with Attempted Murder in San Diego?
If you’ve been arrested for attempted murder in San Diego, your first move should be to contact an experienced criminal defense attorney immediately. The early stages of your case—especially the preliminary hearing—can make or break your legal outcome.
Can Serious Charges Like Attempted Murder Be Dismissed Early in San Diego?
Dismissals of serious felony charges—such as attempted murder—at a preliminary hearing are legally possible, though strategically challenging. Attempted murder with premeditation is a top-tier felony charge in California, carrying a potential life sentence under Penal Code § 664/Penal Code § 187. For the court to dismiss such a charge at the preliminary hearing, the defense must effectively demonstrate that the prosecution has failed to establish even probable cause.
While uncommon, dismissals do occur, and when they do, it’s typically due to the defense successfully attacking the integrity, credibility, or legal sufficiency of the prosecution’s evidence. A seasoned San Diego murder defense attorney will know how to leverage gaps in evidence, challenge witness reliability, and call attention to legal missteps that undermine the case.
How a San Diego Criminal Defense Attorney Can Challenge Attempted Murder Charges
When you’re facing serious felony charges in San Diego, your defense attorney must be prepared to attack every part of the prosecution’s case. For an attempted murder charge, this includes:
- Challenging whether there was a true intent to kill
- Undermining claims of premeditation or planning
- Exposing inconsistencies in the accuser’s statements
- Questioning the reliability of police reports or witnesses
- Filing legal motions to exclude unlawfully obtained evidence
A knowledgeable criminal defense lawyer may also introduce evidence of self-defense, lack of intent, or emotional volatility during domestic disputes. In many San Diego domestic violence cases, the truth is far more complicated than the charges suggest.
Sevens Legal Case Outcome: Attempted Murder Charges Dismissed After Preliminary Hearing
San Diego criminal defense attorney Ari Lieberman recently achieved a major courtroom victory in an attempted murder case. His client had been charged with attempted murder with premeditation, along with multiple domestic violence offenses. If convicted, the client faced life in prison.
During the preliminary hearing, Ari strategically dismantled the prosecution’s claims. Despite the low burden of proof, he convinced the judge that the evidence did not rise to the level required to support attempted murder. The judge agreed and dismissed the attempted murder charge, along with two other related charges.
Can I Avoid Trial After an Attempted Murder Arrest in California?
Yes—if your defense attorney can discredit the prosecution’s case at the preliminary hearing, the court may dismiss the charges before trial ever begins. While this is rare in attempted murder cases, it’s achievable with swift legal action, focused courtroom strategy, and the right defense team on your side.
Ari’s case outcome significantly reduced the client’s legal exposure and eliminated the life sentence risk. It also highlights what is possible when you have a seasoned San Diego criminal defense lawyer advocating for you from the start.
Can I Beat My Attempted Murder Case in San Diego?
Yes, with the right legal defense, criminal charges can be reduced or dismissed before trial. Hiring a lawyer early on gives your attorney more time to investigate, challenge the narrative, and shape the course of your case before it gets to trial. In violent felony and first-degree murder or second-degree murder cases in San Diego, timing is everything. Here’s what can make the difference:
- Your defense attorney successfully challenges the prosecution’s version of events. A strong attorney will target flaws in witness testimony, police reports, and assumptions about motive or intent.
- The judge does not find probable cause at the preliminary hearing. This means the evidence doesn’t meet even the minimal threshold to justify a trial, leading to dismissal of charges.
- Early intervention uncovers critical weaknesses in the case. The sooner your legal team can begin investigating, the more likely it is to undermine the charges before they escalate.
What Happens If Charges Are Not Dismissed at Preliminary Hearing?
If the judge finds probable cause for any charge at the preliminary hearing, the case will be “held to answer,” meaning it proceeds to trial in Superior Court. From that point forward, the stakes increase dramatically. However, even after a preliminary hearing, your San Diego defense attorney still has options:
- Continue negotiating with the prosecutor for reduced charges
- File additional legal motions to suppress evidence
- Prepare for trial with a more focused defense strategy
The best outcomes in San Diego criminal cases are often won early. That’s why understanding your rights and working with a defense team that acts quickly can shift the odds in your favor.
Free San Diego Attempted Murder Defense Consultation
Attempted murder and domestic violence charges are life-altering. The sooner you speak to a qualified San Diego criminal defense attorney, the better your chances of protecting your future. At Sevens Legal, we offer free consultations to review your charges, explain your options, and begin building a defense that works. Don’t let the prosecution control the narrative. Let us step in and fight for you.
How to Contact Our Criminal Defense Attorneys
If you or someone you love is facing attempted murder, domestic violence, or any violent felony charge in San Diego, call Sevens Legal at (619) 430-2355 today. Our legal team is available 24/7 to provide aggressive, strategic representation when you need it most.
FAQs About Attempted Murder in San Diego: Can Charges Be Dismissed at Preliminary Hearing?
What happens at a preliminary hearing for a felony in San Diego?
A preliminary hearing is a short court proceeding where a judge decides if felony charges should go to trial. The prosecution must present enough evidence to show probable cause that the defendant committed the felony. The judge hears witness testimony, reviews physical evidence, and listens to arguments from both sides. Defense counsel can cross-examine witnesses and challenge weak evidence. If the judge finds the case lacks sufficient merit, one or more charges can be dismissed before trial.
Can a judge dismiss attempted murder charges before trial in California?
Yes, a judge can dismiss attempted murder charges at a preliminary hearing if the prosecution fails to establish probable cause. This typically occurs when there’s insufficient evidence to support intent to kill or premeditation—two essential elements of an attempted murder charge. Dismissal at this stage is rare but achievable with skilled legal representation, especially if witness credibility, motive, or physical evidence is lacking or contradictory.
What are the 3 potential outcomes of a preliminary hearing?
A preliminary hearing in California can result in several different outcomes depending on how the evidence is presented and interpreted by the judge. Each outcome carries significant implications for how the rest of the case will proceed. The following are three possible outcomes of a preliminary hearing:
- All charges are dismissed - The judge finds the prosecution failed to establish probable cause.
- Some charges are dismissed - Specific charges are dropped, but others proceed to trial.
- All charges are held to answer: - The judge finds sufficient evidence for all charges, and the case advances to trial.
Which outcome occurs often depends on the strength of the prosecution’s case and the effectiveness of your criminal defense attorney.
Is it common to get felony charges dropped at a prelim in San Diego?
It’s not common for felony charges to be dropped at prelim, particularly for violent felonies like attempted murder, but it is possible. Most charges proceed past the preliminary hearing because the burden of proof—probable cause—is relatively low. However, a strong defense lawyer can use this stage to discredit unreliable evidence, expose legal issues, and force the court to reconsider overly aggressive charges.
What’s the difference between dismissal and reduction of charges?
A dismissal means a charge is completely dropped, usually because the court finds the evidence insufficient or legally flawed. A reduction means the charge is downgraded—for example, from attempted murder to assault—typically through negotiation or successful legal argument. While both outcomes lessen exposure to penalties, a dismissal is more favorable because it removes the charge from the legal proceedings entirely.
Disclaimer: The information provided in this blog is for informational purposes only and does not constitute legal advice. Every legal situation is unique, and the laws referenced may not apply to your specific circumstances. You should not act or rely on any information in this article without first consulting a qualified criminal defense attorney. To receive legal guidance tailored to your case, contact Sevens Legal for a confidential consultation.