Attempted Murder Law in California - Penal Code 664/187
Attempted Murder under California Penal Code 664/187 PC is the unsuccessful attempt to commit murder. To be convicted, the prosecutor has to prove beyond a reasonable doubt that you committed the act to kill another person but were unsuccessful and that you had specific intent to illegally kill someone, known as malice aforethought.
If one person is the intended victim, but another person is injured (i.e., shooting at an intended victim but missing and striking another person), prosecutors can still charge you with attempted murder.
Many of the legal defenses to murder charges can also apply to attempted murder. This includes self-defense or heat of passion. This violent offense can be divided into the physical act and the mental state. Since the prosecution has to prove both to obtain a conviction, an experienced criminal defense lawyer will thoroughly analyze both aspects of the case.
In California, If convicted of an attempted premeditated murder, the sentence is life in state prison with the possibility of parole. Attempted murder is a violent crime criminal charge against an individual implying that they acted deliberately and intentionally, with disregard for human life, in attempting to murder another person.
The defendant must also have taken a substantial step toward committing the actual crime. Learn the common defenses in California murder and attempted murder charges.
Attempted murder laws are complex. Prosecutors must prove that you intended to kill the victim. It is not enough that you intended to hurt the alleged victim. They must also prove that you took a substantial step toward killing another person.
They must prove something more than simple planning. Evidence that you shot a weapon at a person's head or chest, stabbed someone in the chest, may satisfy the element of attempted murder, but there are situations that can create gray areas that may be used to a defendant's advantage to create reasonable doubt.
Attempted murder can be charged in the 1st or 2nd degree, depending upon premeditation or planning and the severity of the crime.
Contact a Criminal Defense Lawyer for Help
At the law offices of Cron, Israels & Stark, We have defended hundreds of clients in Los Angeles County and throughout California against violent crime criminal charges, including attempted murder charges and other felony offenses.
We understand the tremendous time and resources that are required to effectively raise a strong defense in these type of such cases. California self-defense laws allows you to protect yourself in certain situations.
Our team of violent crime lawyers understand what prosecutors need to build a strong case and obtain a conviction. Our criminal lawyers also understand which defense strategies may be used effectively on behalf of a defendant accused of attempted murder.
If you decide to retain our legal services, we will thoroughly investigate the facts of your case and explore defenses that can be used in court to seek a favorable outcome on your behalf.
You may have been acting in self-defense. You may have been involved in a fight in which you did not intent to injure the victim.
The injuries sustained by the victim could have been an accident. These and other issues will be fully explored to provide the strong defense you need to avoid a conviction.
To schedule a free case evaluation with one of our attorneys, call us anytime. We are available to speak with you 24/7.