Being investigated or accused of attempted murder is one of the most complex and delicate situations a person can face. The seriousness of the charges and the potential consequences for personal liberty require immediate clarity and top-tier technical support. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the anguish and disorientation that accompany these circumstances. Our goal is to provide clear guidance and rigorous defense, analyzing every single detail of the case from the very first stages of the investigation.
The Crime of Attempted Murder: Elements and Legal Framework
In the Italian criminal justice system, attempted murder is not a standalone crime but arises from the combination of Article 56 of the Criminal Code, which governs attempted crimes, and Article 575, which punishes homicide. It occurs when an individual commits acts that are suitable and unequivocally aimed at causing the death of a person, but the fatal event does not occur due to causes independent of their will. The legal assessment focuses on two fundamental aspects: the suitability of the action, meaning the act's real capacity to cause death, and the unequivocal direction of that action towards a lethal outcome.
The Crucial Difference: Personal Injury or Attempted Murder?
One of the most critical junctures in cases of this type is the distinction between attempted murder and the crime of aggravated personal injury. The dividing line lies in the psychological element, that is, the intention of the perpetrator. To establish attempted murder, it is necessary to prove the *animus necandi*, meaning the intent to kill. If, however, the intent was only to wound (*animus laedendi*), the charge should be reclassified as personal injury. Judges assess this intention through objective parameters: the type of weapon used, the part of the body hit, the violence of the blows, and the context in which the action took place.
The Approach of the Bianucci Law Firm
Facing such a serious accusation requires a meticulous work method and a tailor-made defense strategy. The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on the scientific and rigorous analysis of all evidentiary material. The Bianucci Law Firm does not limit itself to contesting the prosecution's version but actively works to reconstruct the sequence of events, utilizing, when necessary, external technical consultants such as forensic doctors, ballistics experts, or bloodstain pattern analysts.
From the perspective of a criminal lawyer, it is essential to intervene promptly, even in the preliminary investigation phase. This allows for monitoring the acquisition of evidence, participating in unrepeatable technical assessments, and gathering elements in favor of the suspect through targeted defense investigations. The goal of Avv. Marco Bianucci is to dismantle the prosecution's hypothesis, demonstrating, for example, the unsuitability of the acts, the absence of homicidal intent, or the presence of justification grounds such as self-defense.
Frequently Asked Questions
What are the risks if I am convicted of attempted murder?
The penalty for attempted murder is calculated starting from the penalty provided for completed homicide, reduced by one-third to two-thirds. Considering that voluntary homicide carries a base penalty of not less than twenty-one years, the sanctions for an attempt remain extremely severe. However, the final penalty will depend on multiple factors, including the recognition of any mitigating or aggravating circumstances, and the choice of procedural rite.
How can it be proven that I did not intend to kill but only to wound?
Proof of the absence of homicidal intent is based on objective and circumstantial elements. The defense will work to highlight factors such as the use of a non-lethal weapon, hitting non-vital body parts, voluntarily interrupting the action before it escalated, or the context of a sudden, unplanned aggression. A precise reconstruction of the events is crucial for reclassifying the crime as personal injury.
What happens if I voluntarily stopped before completing the act?
The Italian Criminal Code provides for two important legal concepts: voluntary desistment and active withdrawal. If the individual voluntarily interrupts the action before it is completed (desistment), they are liable only for the acts already performed, if these themselves constitute a different crime. If, however, the action has begun, but the individual actively and voluntarily intervenes to prevent the death (active withdrawal), they are subject to the penalty established for the attempted crime, but reduced by one-third to one-half.
Entrust Your Defense to Expert Professionals
When personal liberty is at stake, time is the most precious factor. An effective defense strategy must be planned from the very first moment you become aware of an investigation. Contact Avv. Marco Bianucci for a careful and confidential assessment of your situation. During the initial consultation, we will analyze the situation with utmost transparency, outlining possible scenarios and defining together the most appropriate legal steps to protect your rights with determination and professionalism.