Danueal Drayton, 27, was in court yesterday following his arrest for the attempted murder and rape of a woman in Los Angeles. According to police, Drayton used dating apps to meet women and alleges that he used a dating app to meet the woman in Los Angeles. He allegedly held the woman captive in North Hollywood after going on a date. Drayton does have a history of violence against women, including the strangulation of a former girlfriend in New York, an accusation of rape from another woman in Brooklyn, New York, and he allegedly murdered a woman two weeks ago in her New York City home.
Drayton is being held on bail in a Los Angeles jail and could face up to life in prison if convicted on all charges.
California Penal Code section 664 governs the crime of attempted murder, but unlike other crimes defined in California law, attempted murder has unique elements that must be proven beyond a reasonable doubt by a prosecutor in order to get a conviction. The elements of attempted murder are first, that a person took at least one direct, but ineffective, step towards killing another person and second, that the intent existed to kill that person.
A “direct step” is more than just the planning, preparation, or arranging a murder. It must be shown that the plan was actually put into action in order to satisfy this element of an attempted murder charge. In addition, the prosecution must be able to prove the mental state, or mens rea, existed with a specific intent to commit a homicide.
Defenses to Attempted Murder
There are many defenses to a charge of attempted murder in California, including the lack of intent to commit a homicide, a lack of a direct step, false accusations, and wrongful arrest. Using reasonable force in self-defense is also a defense to the charge of attempted murder.
Contact an Experienced Los Angeles Criminal Defense Attorney
If you or someone you know has been charged with attempted murder in the Beverly Hills area, contact the Law Office of Bradley S. Sandler today.