Attempted Murder in California – Penal Code 664/187 PC

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

Prosecutors aggressively pursue these charges, and a conviction—especially for attempted premeditated murder—can result in life in state prison with the possibility of parole, alongside a strike under California's Three Strikes Law.

Because attempted murder charges rely heavily on proving subjective mental intent, early intervention by experienced legal counsel is crucial to challenging the prosecution's narrative, preserving key evidence, and building a robust defense.

If you or a loved one are facing charges, contact Cron, Israels & Stark for a free, confidential case evaluation.

What Is Attempted Murder Under PC 664/187?

Under California Penal Code 664/187 PC, attempted murder occurs when a person intends to unlawfully take human life and takes a direct, deliberate step toward completing the killing, but the attempt fails or is intercepted.

To secure a conviction, the prosecution must establish two legal elements beyond a reasonable doubt:

Specific Intent to Kill (Express Malice): You acted with the explicit mental state and purpose to kill another human being.
Direct Step: You took a direct, unambiguous action that went beyond mere planning or preparation and put the plan into execution.

Murder vs. Homicide vs. Attempted Murder

While "homicide" is the umbrella legal term for any killing of a human being by another (which includes lawful homicides like self-defense), "murder" under PC 187 requires unlawful malice.

Attempted murder under PC 664/187 applies when that unlawful intent is present, and an action is taken, but the victim survives.

Understanding "Specific Intent to Kill" vs. Intent to Injure

Attempted murder strictly requires specific intent to kill. Wanting to scare, injure, or cause great bodily harm to someone is legally insufficient for an attempted murder conviction.

To infer specific intent, prosecutors frequently rely on circumstantial evidence:

The placement and severity of wounds (e.g., stabbing or shooting at vital organs vs. lower extremities)
Statements made before, during, or after the incident
Use of a lethal weapon at close range
Evidence of ambush, lying in wait, or stalker-like preparation

Because intent is a subjective mental state, it is often the most heavily contested aspect of an attempted murder case. If the defense demonstrates that you only intended to injure or defend yourself, the charge must be reduced or dismissed.

What Constitutes a "Direct but Ineffective Step"?

Under California law, simply thinking about a crime, making a threat, or purchasing a weapon is considered mere preparation and does not constitute attempted murder.

A direct step means putting the plan into direct execution so that the killing would occurred had an outside circumstance not intervened:

Pulling the trigger of a firearm aimed at a victim (even if the gun jams)
Stabbing or slashing at a vital area on a victim's body
Administering a lethal dose of poison
Driving a motor vehicle directly at a pedestrian at high speed

First-Degree vs. Second-Degree Attempted Murder

California classifies attempted murder into two degrees, dictating the underlying statutory prison sentence:

Offense Degree	Legal Definition	Statutory Sentence
First-Degree Attempted Murder	Committed with premeditation, deliberation, and a willful, considered plan to kill.	Life in state prison with the possibility of parole
Second-Degree Attempted Murder	Committed with specific intent to kill, but done impulsively without prior premeditation or planning.	5, 7, or 9 years in state prison

The Doctrine of Transferred Intent

If you act with the specific intent to kill Person A, but your direct action misses Person A and strikes or injures Person B instead, California's transferred intent doctrine applies.

Under the law, your intent to kill Person A transfers to Person B, making you fully liable for attempted murder against Person B.

Sentences, Enhancements, and Three Strikes Exposure

Attempted murder is classified as a violent felony under PC 667.5, meaning a conviction counts as a serious/violent strike under California's Three Strikes Law and limits conduct credits earned in prison.

Common Sentencing Enhancements

Personal Use of a Firearm (PC 12022.5 & PC 12022.53): Use of a firearm during an attempted murder can add a consecutive 10-, 20-, or 25-years-to-life sentence ("10-20-Life" gun law).
Drive-By Shooting Enhancement (PC 12022.55): Discharging a firearm from a motor vehicle adds an additional consecutive prison term.
Aiding & Abetting an Armed Felony (PC 12022.4): Imposes extra prison penalties for assisting or encouraging an armed attempted murder.
Great Bodily Injury (PC 12022.7): Inflicting severe physical harm adds 3 to 6 consecutive years.
Gang Enhancements (PC 186.22): Committing attempted murder for the benefit of a street gang can trigger a mandatory 15-year minimum parole eligibility period or additional consecutive state prison time.

Related California Offenses

Depending on the underlying evidence and mental state, prosecutors often charge or negotiate attempted murder alongside these related statutes:

Attempted Voluntary Manslaughter (PC 664/192(a)): Charged when an attempted killing occurs during a sudden quarrel, heat of passion, or honest but unreasonable belief in the need for self-defense (imperfect self-defense).
Assault with a Deadly Weapon (PC 245(a)(1)): Committing an assault using a deadly weapon or force likely to produce great bodily injury (does not require intent to kill).
Shooting at an Inhabited Dwelling or Vehicle (PC 246): Discharging a firearm into an occupied structure or car.
Solicitation to Commit Murder (PC 653f(b)): Requesting, encouraging, or hiring another person to commit murder.

Primary Defense Strategies for PC 664/187 Charges

Lack of Specific Intent to Kill: Proving you intended to intimidate, assault, or injure—not kill—defeats the charge of attempted murder, allowing reduction to assault or simple battery.
Self-Defense or Defense of Others: California law permits using reasonable force, including deadly force, if you reasonably believed you or another person were in imminent danger of being killed or suffering great bodily injury.
Heat of Passion / Provocation: Demonstrating that a reasonable person would have reacted impulsively due to extreme provocation can reduce attempted murder to attempted voluntary manslaughter.
Misidentification and Unreliable Witnesses: Eyewitness testimony in chaotic situations is frequently inaccurate. Defense investigators review bodycam footage, phone records, and surveillance video to refute witness claims.
Accidental Discharge or Incident: Showing that the weapon fired accidentally or that no intentional direct step was taken invalidates the intent and execution elements.

Frequently Asked Questions (FAQs)

Can you be charged with attempted murder if the victim was not injured?

Yes, you can be charged with attempted murder even if the victim suffered no physical injury. The statute requires only the specific intent to kill and a direct step toward execution, such as firing a gun at someone and missing.

What is the difference between attempted murder and assault with a deadly weapon?

The primary difference is the required mental state. Attempted murder strictly requires the specific intent to kill the victim, whereas assault with a deadly weapon (PC 245(a)(1)) only requires that you willfully used a deadly weapon or force likely to cause great bodily injury, regardless of whether you intended to kill.

Can attempted murder charges be reduced to a lesser offense?

Yes, attempted murder charges are frequently reduced through plea negotiations or pretrial hearings. Common charge reductions include attempted voluntary manslaughter, assault with a deadly weapon, or shooting at an inhabited vehicle, none of which carry mandatory life sentences.

How do prosecutors prove a defendant had the intent to kill?

Prosecutors establish intent using circumstantial evidence, including the type of weapon used, whether the weapon was aimed at vital organs, close-range execution, threats made prior to the incident, flight from the scene, and motive.

Does attempted murder require a deadly weapon?

No, attempted murder does not strictly require a weapon. Direct steps toward killing someone can be executed using hands, strangulation, physical blunt force, drowning, or arson, provided the specific intent to kill can be proven.

Contact Los Angeles Attempted Murder Defense Lawyers

Attempted murder investigations involve extensive forensic evidence, ballistics testing, and aggressive police interrogations.

Engaging legal representation immediately helps protect your constitutional rights, prevent self-incrimination, and ensure independent analysis of all evidence.

The criminal defense attorneys at Cron, Israels & Stark represent individuals facing serious violent felony charges across Los Angeles, the San Fernando Valley, and Southern California.

Office Location: 12100 Wilshire Blvd., Suite 410, Los Angeles, CA 90025
Phone: (424) 372-3112
Consultations: Confidential case evaluations available 24/7.

Attempted Murder