A charge of attempted murder is one of the most serious criminal allegations a person can face in California. A conviction can result in decades in state prison, a permanent felony record, and life-changing consequences affecting employment, family, and future opportunities.
Understanding California Penal Code § 664/187(a) attempted murder requires knowing what prosecutors must prove, the penalties a conviction may carry, and the defenses that may be available. Unlike some violent offenses, attempted murder requires proof of a specific intent to kill, making the issues of intent, evidence, and circumstances surrounding the alleged offense critical to the outcome of a case.
Although people commonly refer to “Penal Code § 664/187(a)” as the attempted murder statute, California attempted murder charges are based on two separate laws:
- California Penal Code § 187, which defines murder; and
- California Penal Code § 664, which establishes penalties for criminal attempts.
Together, these laws create the offense commonly known as attempted murder.
To convict someone of attempted murder, prosecutors must prove beyond a reasonable doubt that the accused:
- Intended to kill another person; and
- Took a direct but unsuccessful step toward carrying out that killing.
Because intent is a required element, not every violent act or threat qualifies as attempted murder. The prosecution must show that the accused’s actions went beyond preparation and were carried out with the specific goal of causing another person’s death.
What Is Attempted Murder Under California Law?
Attempted murder occurs when a person tries to unlawfully kill another individual but the victim survives or the killing is otherwise not completed.
A person does not have to succeed in injuring the alleged victim to face attempted murder charges.
For example:
- A person fires a gun at another individual but misses. Prosecutors may argue that the person intended to kill and took a direct step toward completing the crime.
- A person poisons another person, but the victim receives medical treatment before dying. The conduct may support an attempted murder charge.
- A person repeatedly stabs someone in a vital area but the victim survives. The circumstances may indicate an intent to kill.
However, not every violent act qualifies as attempted murder. The prosecution must prove that the defendant specifically intended to cause death, not merely serious injury.
What Must Prosecutors Prove for an Attempted Murder Conviction?
To obtain a conviction, prosecutors must prove each required element beyond a reasonable doubt.
1. The Defendant Had the Intent to Kill
The most important issue in an attempted murder case is often the defendant’s state of mind.
A person can commit a violent act without intending to kill. California law separates an intent to harm someone from an intent to end someone’s life.
Evidence that prosecutors may use to show intent includes:
- The weapon used
- The location of injuries or attempted injuries
- Statements made before or during the incident
- The number of attacks
- Whether the conduct appeared planned
- The relationship between the accused and alleged victim
For example, firing multiple shots toward a person’s head or chest may be used as evidence of an intent to kill because those areas contain vital organs.
However, the circumstances surrounding the incident matter. The same physical act can have different legal interpretations depending on the facts.
2. The Defendant Took a Direct Step Toward Killing
A person cannot be convicted of attempted murder simply because they had violent thoughts or expressed anger.
There must be an action that moves beyond planning or preparation.
Examples of actions that may qualify as a direct step include:
- Pulling the trigger of a firearm aimed at a person
- Stabbing someone with the intent to kill
- Attempting to run someone over with a vehicle
- Administering poison
- Shooting at someone who escapes injury
Examples that may not be enough by themselves include:
- Saying “I want you dead” during an argument
- Thinking about killing someone
- Purchasing an item that could be used as a weapon
- Making a vague threat without taking action
Whether conduct qualifies as an attempted murder depends heavily on the facts and evidence.
First-Degree vs. Second-Degree Attempted Murder in California
California divides attempted murder into two main categories: first-degree attempted murder and second-degree attempted murder.
First-Degree Attempted Murder
First-degree attempted murder generally involves an attempted killing that was willful, deliberate, and premeditated.
This means prosecutors must prove that the defendant carefully considered and decided to kill before acting.
Examples may include:
- Planning an attack in advance
- Waiting for a person before attempting to kill them
- Selecting a weapon and location before carrying out the act
A conviction for first-degree attempted murder can result in a sentence of life imprisonment with the possibility of parole.
Second-Degree Attempted Murder
Second-degree attempted murder generally involves an intentional attempt to kill without evidence of advance planning or deliberation.
Example:
During a sudden confrontation, a person intentionally fires a weapon at another person. If prosecutors prove the person intended to kill but did not plan the act beforehand, the charge may be second-degree attempted murder.
Second-degree attempted murder is generally punishable by:
- 5 years,
- 7 years, or
- 9 years
in California state prison.
Additional sentencing enhancements may increase the punishment.
California Attempted Murder Penalties and Enhancements
The consequences of an attempted murder conviction can be severe.
Potential consequences include:
- State prison imprisonment
- A permanent felony conviction
- Loss of firearm rights
- Large fines
- Immigration consequences for some individuals
- Restrictions affecting employment and professional licenses
Additional penalties may apply when certain factors are present.
Firearm Enhancements
If a firearm was used during the alleged offense, prosecutors may seek additional punishment under California firearm enhancement laws.
Depending on the circumstances, firearm enhancements can add substantial prison time.
Great Bodily Injury Enhancements
If the alleged victim suffered serious injuries, additional sentencing consequences may apply.
Gang Enhancements
If prosecutors allege the attempted murder was connected to gang activity, additional charges and sentencing enhancements may apply.
Because enhancements can dramatically increase penalties, early legal representation is extremely important.
Attempted Murder vs. Assault With a Deadly Weapon
Many people confuse attempted murder with assault charges.
The primary difference is intent.
Assault With a Deadly Weapon generally involves using force or attempting to use force likely to cause serious injury.
Example: A person swings a knife during a fight intending to injure another person but not kill them.
Attempted Murder requires an intent to kill.
Example: A person intentionally stabs another person multiple times in the chest because they want the person to die.
The physical actions may look similar, but the defendant’s intent can determine whether the case involves assault or attempted murder.
Common Defenses to Attempted Murder Charges
The best defense depends on the facts of the case, but several strategies may apply.
Lack of Intent to Kill
A defense may argue that the defendant did not intend to kill.
For example, a person may have acted recklessly, emotionally, or negligently without having the specific intent required for attempted murder.
Self-Defense
California recognizes self-defense when someone reasonably believes they face an immediate threat of death or serious bodily injury.
Example:
A person attacked with a deadly weapon uses force to protect themselves. The circumstances may support a self-defense claim.
Mistaken Identity
Some attempted murder cases involve questions about whether the accused was actually responsible.
Evidence such as:
- Surveillance video
- DNA evidence
- Witness testimony
- Phone records
- Location evidence
may become important.
Insufficient Evidence
The prosecution has the burden of proving every element beyond a reasonable doubt.
If the evidence does not establish intent to kill or a direct step toward killing, the defense may challenge the charges.
Can You Be Charged With Attempted Murder If Nobody Was Injured?
Yes.
California law does not require the alleged victim to suffer physical injuries for attempted murder charges to be filed.
For example:
A person fires several shots at another individual but misses every time. Prosecutors may still argue that the person attempted murder because the person allegedly intended to kill and took a direct step toward doing so.
The absence of injuries does not automatically prevent prosecution.
What Should You Do After Being Accused of Attempted Murder?
If you are being investigated or charged with attempted murder, the steps you take immediately can affect your case.
Important actions include:
- Do not discuss the facts of the case with investigators without legal advice.
- Avoid contacting the alleged victim.
- Preserve evidence that may support your defense.
- Contact an experienced criminal defense attorney as soon as possible.
Attempted murder investigations often involve complicated questions about intent, evidence, witnesses, and circumstances.
Frequently Asked Questions
How many years can you get for attempted murder in California?
The sentence depends on whether the attempted murder is classified as first-degree or second-degree and whether sentencing enhancements apply. Second-degree attempted murder generally carries a sentence of 5, 7, or 9 years, while first-degree attempted murder can result in life imprisonment with the possibility of parole.
Does attempted murder require someone to be injured?
No. A person may be charged and convicted even if the alleged victim was not physically harmed.
Is attempted murder a felony in California?
Yes. Attempted murder is a felony offense and is among the most serious violent crimes under California law.
Can attempted murder charges be reduced?
Depending on the evidence and circumstances, charges may sometimes be reduced through negotiation, pretrial litigation, or trial.
Do I need a lawyer for an attempted murder charge?
Yes. Attempted murder cases involve severe penalties and complicated legal issues involving intent, evidence, and sentencing. Experienced legal representation can help protect your rights and develop an effective defense strategy.
Contact Southwest Legal
A California attempted murder accusation can put your freedom, reputation, and future at risk. These cases require a careful review of the evidence, a strong understanding of California criminal law, and a defense strategy tailored to the specific facts.
If you or a loved one is facing allegations under California Penal Code § 664/187(a), Southwest Legal can help you understand your options and protect your rights.
Contact us today to speak with an experienced legal team about your attempted murder case and learn how they can assist you through every stage of the legal process.
Disclaimer: This article is for general informational purposes only and is not legal advice. Laws may change over time, and every case involves unique facts. Anyone facing criminal allegations should consult a qualified California criminal defense attorney. Reading this article does not create an attorney-client relationship.