Attempted Murder in California – Penal Code 664/187

Attempted murder under California Penal Code 664 / California Penal Code 187 is one of the most serious violent felony charges in California.

A conviction—especially for attempted premeditated murder—can result in life in state prison with the possibility of parole.

If you are under investigation or facing charges in Los Angeles or anywhere in California, early legal intervention can significantly impact the outcome of your case.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.

To schedule a consultation, call (424) 372-3112 or use the contact form here.

What Is Attempted Murder Under California Law?

Under California law, attempted murder occurs when:

You intended to unlawfully kill another person (express malice aforethought); and
You took a direct but ineffective step toward committing the killing.

Both elements must be proven beyond a reasonable doubt.

Key point: Attempted murder requires specific intent to kill. An intent to injure is not enough.

In California criminal law, the terms murder and homicide are frequently confused, but they are different. This difference is crucial because it can decide whether a killing is punished as a serious felony or considered lawful.

What Does “Specific Intent to Kill” Mean?

Prosecutors must show you deliberately intended to take someone's life.

Examples they may rely on:

Shooting at someone's head or chest
Stabbing in a vital area
Lying in wait with a weapon
Making statements expressing intent to kill

However, intent is often the most heavily contested issue in these cases.

An experienced criminal defense lawyer will analyze:

The circumstances of the incident
The nature of any injuries
Statements made to police
Forensic evidence
Witness credibility

If intent cannot be proven, the charge may be reduced or dismissed.

What Is a “Direct but Ineffective Step”?

The law requires more than planning or preparation.

The prosecution must prove you took a substantial step that directly moved toward completing the killing, such as:

Pulling the trigger
Attempting to stab someone
Physically attacking with lethal force

Mere threats alone are not enough unless accompanied by direct action.

First-Degree vs. Second-Degree Attempted Murder

Attempted Premeditated Murder (First Degree)

If prosecutors prove planning, deliberation, and premeditation, the sentence is:

Life in California state prison with the possibility of parole

Premeditation can be formed quickly. Prosecutors often argue that even brief reflection satisfies this requirement.

Attempted Murder Without Premeditation (Second Degree)

If the act was impulsive or occurred without prior planning:

5, 7, or 9 years in state prison
Additional enhancements may apply

Transferred Intent in Attempted Murder Cases

If you intended to kill one person but injured another instead, you can still be charged under the doctrine of transferred intent.

For example:

Shooting at one person but hitting a bystander

The focus is on the intent to kill—not on who was actually injured.

Sentencing Enhancements That Increase Exposure

Attempted murder penalties can increase dramatically if:

A firearm was used
Great bodily injury was inflicted
The alleged victim was a peace officer
Gang allegations are filed

California Penal Code 12022.5 is a law that adds extra prison time if someone personally uses a firearm while committing or attempting to commit a felony. Enhancements can add decades to a prison sentence.

California Penal Code 12022.55 is a sentencing enhancement law that adds prison time when a defendant discharges a firearm from a motor vehicle during the commission or attempted commission of certain crimes.

California Penal Code 12022.4 imposes additional criminal penalties on individuals who aid or abet a felony with a firearm or intentionally assist another person in committing a felony while armed with a firearm.

Is Attempted Murder a Strike Offense?

Yes. Attempted murder is classified as a serious and violent felony under California law. A conviction counts as a strike under the Three Strikes Law and can dramatically increase future sentencing exposure.

Common Defenses to Attempted Murder Charges

Every case is fact-specific. Potential defenses may include:

1. Lack of Intent to Kill

If the evidence shows intent to injure—but not to kill—the charge may be reduced.

2. Self-Defense or Defense of Others

California law allows reasonable force to protect yourself or others from imminent harm.

3. Heat of Passion

Extreme provocation may reduce attempted murder to attempted voluntary manslaughter.

4. Insufficient Evidence

Eyewitness misidentification, unreliable forensic evidence, or contradictory statements may create reasonable doubt.

5. Accident

An unintentional discharge or unintended injury may undermine the intent element.

Why Attempted Murder Cases Are Complex

These cases involve two highly technical elements:

The physical act
The mental state

The prosecution must prove both beyond a reasonable doubt.

Defense strategy often includes:

Independent forensic review
Ballistics analysis
Surveillance examination
Cross-examination of law enforcement
Motion practice to suppress statements

Because attempted murder and murder carry life-altering consequences, these cases demand thorough investigation and an aggressive defense strategy.

Frequently Asked Questions

Can you be charged with attempted murder if no one dies?

Yes. The crime applies even if the alleged victim survives without serious injury.

What is the sentence for attempted murder in California?

Second-degree attempted murder carries 5, 7, or 9 years. Attempted premeditated murder carries life with the possibility of parole.

Can attempted murder charges be reduced?

In some cases, yes. Charges may be reduced to assault with a deadly weapon or attempted voluntary manslaughter depending on the evidence.

Is intent hard to prove?

Intent is often the most contested element and must be proven beyond a reasonable doubt.

Does attempted murder require a weapon?

No. A weapon is not required, but lethal force must be proven.

Why Early Representation Matters

Early intervention can affect:

Bail arguments
Charging decisions
Enhancement filings
Negotiation strategy
Evidence preservation

Waiting can significantly limit defense options.

Speak With a California Attempted Murder Defense Attorney

If you are facing attempted murder charges in Los Angeles County or anywhere in California, the stakes could not be higher.

At the Law Offices of Cron, Israels & Stark, our violent crime defense attorneys understand what prosecutors must prove—and where weaknesses often exist.

We thoroughly investigate every aspect of the case and aggressively challenge the evidence.

Call today for a confidential case evaluation. We are available 24/7.

Attempted Murder