Under California Penal Code § 21(a) PC, an attempted crime is a distinct legal offense that occurs when a person has the specific intent to commit a crime and takes a direct step toward completing it, but fails or is prevented from doing so.

Governed by Penal Code § 664 PC, attempted crimes are actively prosecuted in California courts and generally carry one-half the jail time and fines of the completed offense. Understanding how state law distinguishes planning from execution is critical to defending against these charges.

What Is an Attempted Crime Under California Law?

An attempted crime is a distinct criminal offense that occurs when an individual intends to commit a crime and takes a substantial, direct action toward completing it, but fails or is prevented from doing so.

Two primary statutes govern attempted offenses under California criminal law:

• Penal Code § 21(a) PC: Defines the legal standard and elements required to prove an attempt.

• Penal Code § 664 PC: Sets the sentencing guidelines and penalties for attempted offenses.

The Elements of an Attempt (CALCRIM 460)

To secure a conviction for an attempted crime, a prosecutor must prove two specific elements beyond a reasonable doubt:

1. Specific Intent: You specifically intended to commit the underlying offense.

2. Direct Step: You took a direct, overt step toward committing that crime that went beyond planning or preparation.

What Qualifies as a "Direct Step"?

A direct step (also known as an act in furtherance) means putting a plan into direct execution. It shows definite intent to commit the offense and immediately sets the criminal act in motion.

• Mere Preparation (Not a Crime): Buying supplies, discussing a plan, or researching a location is generally considered preparation and does not constitute an attempt.

• Direct Step (Criminal Attempt): Entering a building to commit theft, pointing a firearm, or attempting to force open a door. Once a direct step is taken, an individual can be charged with an attempt—even if they voluntarily abandon the effort or are interrupted by law enforcement or a witness.

Common California Attempted Crime Statutes

Attempt charges apply to both felony and misdemeanor offenses across the California Penal Code and Vehicle Code:

Criminal Penalties for Attempted Crimes (Penal Code 664)

Under California Penal Code § 664, the penalty for an attempt is generally one-half of the state prison or county jail term and one-half of the maximum fine established for the completed crime.

• Standard Felonies: If a completed crime carries a maximum sentence of 8 years in state prison, an attempted crime carries a maximum sentence of 4 years.

• Crimes Carrying Life Sentences: If the attempted offense carries a statutory life sentence, the penalty under PC 664 is typically 5, 7, or 9 years in state prison.

• Premeditated Attempted Murder: Attempted first-degree murder carries a sentence of life in state prison with the possibility of parole. If committed against an active police officer or firefighter, there is a mandatory minimum 15-year period before parole eligibility.

Legal Defenses Against PC 664 and 21(a) Charges

A criminal defense attorney can utilize several key strategies to challenge allegations of an attempted crime:

• Lack of Specific Intent: If you did not possess the explicit intent to commit the underlying offense, you cannot be convicted of an attempt.

• Lack of a Direct Step (Mere Preparation): Arguing that your conduct did not cross the line from preparation to an overt step toward executing the crime.

• Abandonment / Renunciation: Showing that you freely and voluntarily abandoned the criminal plan before taking a direct step toward its completion.

• Insufficient Evidence: Demonstrating that the prosecution's case relies on speculation rather than concrete proof of intent or action.

Frequently Asked Questions (FAQs)

Can you be charged with an attempt if you changed your mind and stopped?

Yes. If you took a direct step toward completing the crime before changing your mind, you can still face charges under Penal Code 664. Voluntary abandonment is only a complete defense if you abandoned the crime before taking an overt, direct step toward its execution.

Is attempted murder prosecuted under Penal Code 21(a)?

Penal Code 21(a) defines the general legal elements for attempt crimes, but attempted murder is specifically charged and sentenced under Penal Code § 664 read in conjunction with Penal Code § 187 (Murder).

What is the difference between preparation and a direct step?

Preparation involves getting ready to commit a crime, such as gathering tools or scouting a location. A direct step means putting the plan into motion so that the crime would have been completed had an external interruption or failure not occurred.

Is an attempted crime always a felony in California?

No. An attempted crime takes on the legal classification of the underlying offense. If the underlying crime is a misdemeanor (such as petty theft), the attempt is charged as a misdemeanor. If the underlying crime is a felony or a "wobbler," the attempt will be charged accordingly.

How does Penal Code 664 affect court fines?

Penal Code 664 reduces financial penalties alongside custody terms. You face up to one-half of the maximum statutory fine authorized for the completed underlying crime.

Your best hope for a favorable outcome is with an experienced California criminal defense attorney at Cron, Israels & Stark. To schedule a consultation, call (424) 372-3112 or use the contact form here.