California law makes it a crime to attempt to take another person’s life and take the necessary steps to kill them. When you try to kill another person, and they do not die, you can be arrested and charged under California PC 664/187(a). Depending on the specific steps you took to accomplish the crime, the prosecution can charge you with attempted first-degree or attempted second-degree murder.
Regardless of the degree of murder you attempted, a violation of this statute is a serious felony. If you are convicted of the crime, you could face jail time, fines, and more. In addition, you could be left with a criminal record, which can be difficult to clean up. A felony conviction can have severe consequences on your personal and professional life. If you, or someone you know, is charged with attempted murder, you will need the services of a lawyer.
At CCLG: Los Angeles Criminal Attorney, we offer legal insight to our clients facing criminal charges in Los Angeles, CA.
Understanding California Penal Code 664/187(a)
Under California law, it is unlawful to make a deliberate attempt to take another person’s life. California PC § 664 covers attempted crimes, while Penal Code § 187(a) defines murder as the unlawful killing of a human being or a fetus. Therefore, when you attempt to kill someone else, you could be charged under PC § 664/187(a). To convict you of attempted murder, the prosecuting attorney must assert these elements:
You Took a Direct Step Toward Killing Someone
The prosecutor must show that you took a direct but ineffective step toward killing another person before your conviction. Your conduct in this case must go beyond contemplating murder or making a plan. You must have engaged in an actual act that advances the attempted killing.
For example, firing a weapon at someone can qualify as a direct step to kill them. Other forms of conduct may also qualify, depending on the circumstances. Your attempt to kill someone does not have to cause them injuries. An attempted murder charge can exist even when the alleged victim was not physically harmed.
You Intended to Kill
The most important element of attempted murder is your intention to kill the alleged victim. It is not enough to show that you intended to hurt the person. You can commit a serious assault without intending to kill. That distinction matters in an attempted murder case. Prosecutors will use the circumstances surrounding the incident to argue that you had the intent to kill. They may look at your actions, statements, and the weapon involved.
Your Actions Showed Malice Aforethought
If you are charged with attempted first-degree murder, the prosecuting attorney must show malice aforethought in your actions. In an attempted murder case, the required intent generally means you intended to kill unlawfully. The prosecution must establish that the attempted killing was not legally justified or excused. This element becomes important when you claim self-defense or another lawful justification.
You Did Not Complete Your Attempt
Attempted murder means the alleged killing was not completed. The victim may have survived an attack, escaped without injury, or avoided the attempts. The lack of injury does not automatically prevent an attempted murder charge. The most important aspect is whether you took a direct step toward carrying out an intended killing.
Your Actions Extended Beyond Mere Preparation
California law distinguishes between preparation and an actual attempt. To be found guilty of attempted murder, the prosecutor must establish that you took steps to further the crime. Buying an item to be used for the crime or discussing a plan to kill someone does not amount to attempted murder. The specific facts of the case determine the acts that can constitute furtherance of the plan.
Penalties for Violating California PC 664/187a
Attempted murder is always a felony in California. The punishment you face after a conviction is half the sentence for accomplishing the attempted crime. However, the judge will consider the type of murder you attempted:
- Penalties for Attempted First Degree Murder
You will be charged with attempted first-degree murder if you acted willfully and with premeditation to end another person’s life. The penalties you will face for attempted first-degree murder include life imprisonment with the possibility of parole and a maximum of $10,000 in fines. If the individual you attempted to kill is a peace officer or firefighter on duty, you must serve at least fifteen years of your prison sentence before you can be eligible for parole.
- Penalties for Attempted Second Degree Murder
Any form of attempted murder that does not fall under the first degree results in attempted second-degree murder charges. In this case, your actions were not intentional or premeditated. Your conviction for attempted second-degree murder is punished by 5, 7, or 9 years in prison. Furthermore, the judge may impose a $10,000 fine.
Additional Punishments for Attempted Murder
Attempted murder is one of the most serious charges you can face. If you face a conviction under PC 664/187a, you may face the following additional punishments:
Lifetime Firearm Ban Under California PC 29800
Most individuals over eighteen years can legally purchase and possess a firearm in California. However, firearm laws are strict on gun possession by violent offenders. A felony conviction can affect your right to own or possess a firearm. If you attempt to kill another person, the judge may ban you from firearm possession for a lifetime.
Violating the ban can also lead to new criminal charges. Whether or not PC 29800 applies to you will depend on the circumstances of your conviction and your criminal record. If you face charges for attempted murder, your attorney can explain the restrictions that apply to your case to avoid a violation.
Three Strikes Law
Under California’s Three Strikes law, you can face an increased sentence if you have one or more prior felony convictions on record. Attempted murder is a serious and violent felony. If you have one prior strike, you may face double the maximum sentence for your crime. If you have two qualifying prior strikes, you may face 25 years to life.
Not all prior convictions count as a strike. The prosecution must meet specific legal requirements. Your attorney can review your criminal record and challenge strikes that do not qualify.
Gang Enhancement
California law is strict on individuals who commit crimes with the intention of furthering gang activities. If your violation under PC 664/187 was connected to a criminal street gang, you could face additional penalties. Before imposing a gang enhancement under California PC § 186.22, the prosecution must prove the required gang-related facts.
A gang allegation can become more serious when a firearm is involved. Under PC § 12022.53(e), you may face a firearm enhancement in certain gang-related cases even if you did not personally fire the gun. To help avoid the additional penalties, your attorney can challenge the elements.
10-20-Life Under PC 12022.53
You could face a major sentence enhancement if you used a firearm during an attempted murder. California Penal Code § 12022.53 is often called the “10-20-Life” law. If you personally use the firearm, you can face an additional 10 years to your attempted murder sentence. Also, firing the gun will result in 20 more years in prison. If your use of the firearm caused significant bodily injury to another person, the court will increase your sentence by up to 25 years.
The enhancements you face when you are charged with attempted murder run consecutively. Under PC § 1385, the court may dismiss or strike an enhancement when the prosecution fails to meet the legal requirements.
Immigration Consequences
If you are not a U.S. citizen, a conviction for attempted murder can have serious immigration consequences. Under federal immigration law, attempted murder may qualify as an aggravated felony. This can make you deportable or inadmissible in the United States. Also, it may limit your ability to seek government assistance.
The exact immigration consequences you will face depend on your criminal record and immigration status. Federal law treats individuals who attempt to commit aggravated felonies the same as those who accomplish the crimes. If you or your loved one faces a conviction for attempted murder, you will need legal insight from an immigration attorney.
Defenses Against California Penal Code 664/187a
A conviction for attempted murder brings consequences that can follow you for the rest of your life. Therefore, if you or a loved one faces charges for this offense, you must aggressively fight to avoid a guilty verdict. Defenses you can use against the charges include:
You Had No Intent to Kill the Alleged Victim
A key element that the prosecuting attorney must prove when establishing your liability under PC 664/187a is that you acted with the intent to kill someone else. You do not have to succeed in causing death to be guilty of attempted murder. However, establishing this element can be challenging. Therefore, you could avoid a conviction by arguing a lack of intent.
You Are a Victim of Mistaken Identity
Incidents that lead to allegations of attempted murder often happen in secluded areas or during tense situations. Therefore, any witnesses or even the alleged victim can mistakenly identify the perpetrator. If you resemble the person who committed the act, you may be accused of a crime you did not commit. With the insight of a reliable attorney, you could dispute the witness testimony and present evidence showing that you were not the perpetrator.
You Did Not Take a Direct Step to Commit Murder
To charge you with attempted murder, the prosecuting lawyer must demonstrate that you took a direct step against another person’s life. So, even if you planned to kill them and bought weapons, you may not be guilty. In this case, you can argue that you abandoned the plan and did not take a direct step to accomplish the crime. Even if the prosecution does not drop the charges, your attorney may negotiate for a lesser sentence by claiming that abandoning the plan showed remorse.
You Acted in Self-Defense
California law allows you to defend yourself if a person or situation threatens your safety. When you use excessive force and cause serious injury to someone else, they can claim that you attempted to kill them. The elements you must prove to assert self-defense include:
- You reasonably believed that you or another person was in danger of injury or death
- You reasonably believed that immediate use of force was necessary to defend yourself against that threat.
- You used only the amount of force necessary to protect yourself.
- Your actions were based on the circumstances.
Also, California law gives you teh right to stand your ground when another person attacks you at your private residence. You can use evidence like witness testimonies and surveillance footage to show that the alleged victim attacked you first and you were only defending yourself.
You Are a Victim of False Allegations
Attempted murder is a serious offense with lasting consequences. Unfortunately, false allegations are common in this offense. If you have a bad relationship with someone or they want revenge, they can accuse you of the crime. Sometimes, instances of domestic violence can result in false cases of attempted murder.
Facing a conviction for this offense can not only impact your freedom but also your future. If you are a victim of false allegations, you can present an alibi for the time the incident allegedly occurred. Also, you could uncover the motive for false allegations.
Insufficient Evidence
The prosecuting attorney must prove all the elements of attempted murder to secure a conviction against you. To prove these elements, the prosecution will present physical evidence and witness testimony. If the evidence is insufficient to prove the elements beyond a reasonable doubt, you can use insufficient evidence as a defense to your charges. Insufficient evidence can result in the reduction or dismissal of our charges.
Crimes Related to Attempted Murder
Attempted murder is a serious felony. When you are charged under PC 664/187a, the prosecution can introduce charges for these related offenses to your case:
Shooting an Occupied Car or Inhabited Building
Under CPC § 246, you commit a felony when you willfully or maliciously discharge a gun at an occupied dwelling. The dwelling could be an occupied house, a motor vehicle, or another inhabited structure. An “inhabited” dwelling means that someone is using it for living purposes. To secure a conviction for the crime, the prosecuting attorney must prove that:
- You intentionally discharged a gun.
- You did so maliciously
- You discharged the firearm at an occupied building or an occupied vehicle
If you attempted to kill another person by shooting at their home or vehicle, you can face charges for this offense alongside attempted murder. Attempted murder focuses on the intent to kill, while Penal Code § 246 focuses on the unlawful discharge. A conviction under Penal Code § 246 can result in 3, 5, or 7 years in state prison. The court can also impose fines not exceeding $10,000 and formal probation.
Drive-By Shooting
A drive-by shooting is the unlawful discharge of a firearm from a motor vehicle. California Penal Code § 26100 covers certain conduct by vehicle owners or drivers who knowingly allow firearms to be discharged from their vehicles. To prove your violation, the prosecuting attorney must assert these elements:
- You were in a motor vehicle.
- You willfully and maliciously discharged a firearm from the vehicle.
- The circumstances satisfied the requirements of Penal Code § 26100.
If you shoot at someone with the intent to kill, the prosecution can charge you with drive-by shooting and attempted murder. Drive-by shooting is a wobbler. The prosecution can choose to file felony or misdemeanor charges. As a felony, the offense attracts a sentence of three, five, or seven years in state prison. However, if you face misdemeanor charges, your conviction can result in 1 year behind bars and a $ 1,000 fine.
Torture
Under California PC § 206, torture involves intentionally inflicting great bodily injury on another person to cause extreme pain and suffering. PC 206 recognizes several possible purposes, including:
- Revenge
- Extortion
- Persuasion
- Sadistic purpose
The court can find you guilty of torture if the prosecution can prove that:
- You intended to cause cruel or extreme pain and suffering.
- You inflicted great bodily injury on another person.
- You acted with an intent for revenge, extortion, persuasion, or a sadistic purpose.
If you torture another person with the intent of finally killing them, the prosecution can charge you with this offense, together with attempted murder. Torture attracts felony charges punishable by life imprisonment with the possibility of parole. The precise sentence can depend on the facts of the case and other charges or enhancements that apply. Torture can also affect the sentencing for your attempted murder case. Intentional murder involving torture is a special circumstance under Penal Code § 190.2.
Murder
Under California Penal Code § 187, murder is the unlawful killing of a human being or fetus with malice aforethought. California recognizes express and implied malice. Express malice involves a deliberate intention to take a life unlawfully. Implied malice can arise when the circumstances show the required conscious disregard for human life.
Murder differs from attempted murder because the victim must die for a completed murder charge. If the victim survives and the prosecution can prove the required intent to kill, you will face attempted murder charges instead. For a murder conviction, the prosecution generally must establish that:
- You killed another person
- The killing was unlawful.
- You acted with malice aforethought.
Murder may be charged as first-degree or second-degree. The charge may vary based on the facts surrounding the crime. First-degree murder carries a sentence of 25 years to life. When charged in the second degree, PC 189 carries a maximum penalty of 15 years in state prison.
Assault With a Deadly Weapon
Under California PC 245(a)(1) PC, the offense involves attacking someone else with a weapon that can cause significant bodily injury. Before the court finds you guilty under this statute, the prosecution must prove these elements:
- You engaged in an act that could result in the application of force against another individual.
- You engaged in the act using a dangerous weapon or an item likely to cause significant bodily injury.
- Your actions were willful.
If you use a weapon to assault another person and you cause them severe injuries, you can be charged with attempted murder. However, if there is no evidence that you intended to kill the person, the court can charge you with assault using a deadly weapon instead. Assault with a deadly weapon is classified as a wobbler offense. The prosecuting attorney can file misdemeanor charges against you if you do not have a criminal record and you did not accuse someone of serious injuries.
Misdemeanor Penal Code § 245(a)(1) PC, attracts a sentence of up to one year in jail and a fine of $1,000. If the offense is charged as a felony, you may face a sentence of two, three, or four years and a $10,000 fine.
Find an Experienced Criminal Defense Lawyer Near Me
If you intend to kill another person and you take necessary measures to accomplish the act, you could be charged with attempted murder. When you are charged under PC 664/187a, the prosecution does not need to prove that you caused death. Instead, they only need to show your intent and the actions you took to further it. Attempted murder is a California felony, which can land you behind bars for a lengthy period. Sometimes, the court may also impose hefty fines.
Even if you have completed your sentence and paid your fines, you still have an attempted murder conviction on your background. This could ruin your career and your life. But not all charges for the crime result in convictions. With the help of a competent lawyer, you could protect yourself.
If you or a loved one faces charges for attempted murder in Los Angeles, CA, you may need our legal insight at CCLG: Los Angeles Criminal Attorney. Contact us at 323-922-3418 for much-needed guidance.
