What is holding a pillow over a child's face considered? Is it attempted murder?

Asked about 1 year ago - Covina, CA

My dad tried to suffocate me with a pillow when I was a kid.

Attorney answers (3)

  1. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . If I was defending your father I would like his chances.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  2. Harry Edward Hudson Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There is not enough information here form an intelligent speculation.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Ian Thomas Valkenet

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Your question lacks the factual predicate required to give a "yes" or "no" answer. Suffocating someone with a pillow CAN be charged as attempted murder. However, it is incumbent upon the State to prove the elements of the charge (including the mens rea--intent-- of the defendant).

    Your question suggests that the even occurred some time ago, making proof even harder (memories fade, evidence dissipates). Further, depending on how long ago the events occurred, your potential civil claims may be barred by the applicable statute of limitations.

    Consult with a local attorney to determine the viability of any potential course of action.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,523 answers this week

2,982 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,523 answers this week

2,982 attorneys answering