An attempted murder offense is covered under Penal Code 664/187 of the California law. You can face the violent offense charge of attempted murder if you try to kill another person, but the person does not die. In this case, your offense is ‘’attempted’’ where you had a specific intent to accomplish the act, and you took a willful and direct step toward achieving it. Attempted murder is a serious crime that can attract a significant sentence in a state prison. For example, you could face a life sentence with the possibility of parole if the court convicts you of an attempted first-degree murder offense.

Remain calm and avoid answering any questions from the police detectives after your arrest for attempted murder charges. You end up incriminating yourself if you answer any question. Instead, you should seek the services of a skilled criminal defense attorney. At the Monterey Criminal Attorney, we have qualified attorneys who can help you fight your criminal charges.

Attempted Murder Under California Law

Most people believe that you must physically touch someone else for you to face attempted murder charges. However, you can face attempted murder charges if your act was deliberate and willful. This offense is also known as a failed attempt at first-degree murder. Typically, Penal Code 664/187 attempted murder offense needs more than merely planning a murder. You need to at least take a single significant step towards accomplishing the killing of another person.

According to Penal Code 664 and 187, attempted murder is the attempted illegal killing of someone else or a fetus with malice aforethought. If the prosecutor accuses you of attempted murder, the prosecutor must prove the following elements:

  • You took a direct step toward killing another person
  • You specifically had the intention of killing the alleged person

Direct Step To Accomplish Murder

The most distinguishing element of attempted murder is the requirement that you take a direct step toward completing the killing of someone else. It is not simply sufficient that you had the intention of killing someone else. You must take some significant action toward executing the act before attempted murder charges under Penal Code 664 and 187 can be sustained.

A direct step should be more than mere plotting or planning to commit the murder. Mere planning to commit murder can involve the following:

  • Hypothesizing about the manner in which to execute the killing
  • Learning about the victim’s location
  • Purchasing a weapon

A direct step is a situation where, had it not been for the intervention of outside forces, murder would have happened. This can include:

  • Paying another person to kill your target
  • Firing a gun in the direction of the intended target
  • Any other step that can lead to the death of the victim or target

Intent To Kill Another Person

Intent to kill is a crucial defining element of an attempted murder. The judge can convict you of first-degree murder if malice aforethought is evident. You can face second-degree murder charges if you kill another person through a reckless act that is inherently dangerous to human life and proves an indifference to the value of life. A first-degree murder charge can apply in the absence of an explicit intent to murder, provided there is deliberation, premeditation, or felony murder. The judge can convict you even if you had no intention to kill or harm anyone.

You can face first-degree murder charges if you engage in an inherently dangerous felony like arson, burglary, or robbery and another person is killed, as outlined by the ‘’felony murder rule. ‘’Attempt’’ needs the specific intent to murder. You can be guilty of several other offenses related to attempting to carry out a dangerous act, but you are not guilty of attempted murder. The judge will only convict you of attempted murder if the prosecutor provides sufficient evidence that you intend to murder one or more victims.

Kill Zone Theory

The ‘’Kill Zone’’ theory of attempted murder liability is highly acceptable by most jurisdictions in California. This theory involves an individual who tries to murder one intended victim. However, the perpetrator executes the attempted murder in a manner that other victims would almost be put in significant danger. For example, you can set a bomb or other explosive device in a place where you know that your target, but also other people, are likely to be.

A kill zone can also be used to convict you if you fire into a large crowd with the specific intent to hit one person. However, by the nature of the firing, you know or should know that many other people could be killed. You can face felony charges under Penal Code 246 if you willfully fire a gun at any inhabited house.

Penalties For Attempted Murder In California

The judge will convict you of attempted murder depending on the facts of your case. Second-degree attempted murder charges can attract a jail term of five years, seven years, or nine years in a state prison. However, you could face a jail term of seven years to life if your attempt was willful, premeditated, and deliberate. The actual sentence will differ based on the following factors:

  • If the victim was a police officer or other protected person
  • If your attempt involved a drive-by firing or firing out of a vehicle
  • If you have a record of felony convictions, particularly for violent offenses
  • If you used a firearm or other dangerous weapon
  • If your attempt caused great bodily harm to the victim

Penalties For First-Degree Attempted Murder

You can face first-degree murder charges if your attempt was premeditated, deliberate, and willful. In this case, you can face the following penalties:

  • A life sentence in a state prison with the possibility of parole
  • Fines and restitution
  • Additional years for applicable enhancements
  • A strike on your record, according to California’s Three Strikes Law

Penalties For Second-Degree Attempted Murder

The jury can convict you of second-degree murder if the prosecutor fails to prove premeditation. The possible penalties can include:

  • Five, seven, or nine years in a state prison
  • Fines and restitution
  • Additional jail time, depending on the enhancements
  • A strike on your criminal record, according to California’s Three Strikes Law

Sentence Enhancements

You can face an enhanced sentence based on the following factors:

  • The judge can impose an additional ten years jail term if you have a gun
  • You could face an additional 20 years of jail term if you fired a gun
  • You could face an additional 25 years jail term if you caused great bodily harm with a firearm to the victim

The court can impose an extra sentence time to the base sentence if the prosecutor is able to prove that your attempt was gang-related. You could also face an additional three to six years jail term if you caused severe physical harm to the victim. The judge can also impose a further jail term under California’s Three Strikes Law if you have prior strike convictions.

Additional Repercussions

An attempted murder charge can attract the following apart from a jail term, fines, and restitution:

  • Supervised release terms after serving a jail term
  • Strained personal relationships
  • Loss of gun rights
  • Immigration repercussions for non-citizens
  • Housing restrictions
  • Difficulty in securing a job

Defenses For Attempted Murder

Your criminal defense can employ various strategies to defend you against attempted murder charges under Penal Code 664 and 187. An attorney can present the following defenses:

You Are A Victim Of False Accusation

You should seek the services of a skilled criminal defense attorney if you are accused of attempted murder. The attorney will seek witnesses and gather evidence to fight the false accusations against you. Your attorney will also challenge the prosecutor’s witness testimony. It is crucial to challenge the witness if the prosecutor’s case is based on false allegations.

Your attorney can also threaten to file a case against your accuser for making false allegations against you. Sometimes, it is good to instill fear to make the false accuser refuse to testify in court and drop the case. A skilled attorney will assess your charges and establish weaknesses in the prosecutor’s case. Your attorney will also help you understand the case you are facing to enable you to prepare well in case the case proceeds to trial.

You can end up being convicted of the offense you have been falsely accused of committing if you do not have an attorney on your side. An attorney can convince the judge to reduce or drop the false accusations.

Self-Defense

Self-defense claims can be valid across the criminal justice system. This defense can be relevant to various charges, from manslaughter to attempted murder. In attempted murder cases, for example, you can allege that your actions were a necessary response to an unprovoked attack. This defense can be admissible in court, especially when there is no choice but to apply lethal force to counter imminent death or severe harm. This defense strategy cannot be taken lightly because it can be the distinction between exoneration and a verdict of guilt.

The burden of proof can easily change the outcome of a self-defense case. The prosecutor has a burden to prove beyond doubt that your actions were not an act of self-defense. You must show the plausibility of your claim once you introduce the evidence suggestive of self-defense. The judge can drop your charges if your attorney’s self-defense claims convince him/her.

Abandonment or No Direct Step

A mere plotting or making a plan to murder another person is not sufficient for you to face attempted murder charges. The defendant must have taken a real and actual direct step to murder the alleged victim. You can assert a voluntary abandonment defense if you completely and voluntarily abandon your intent to commit the crime before taking a direct step towards it. You cannot face attempted murder charges if you leave your plot to murder someone before taking a deliberate step.

Lack Of Intent

You can only face attempted murder charges if the prosecutor proves that you committed a crime with the specific intent of committing an offense. Intent is a crucial element of most criminal offenses. You can present a lack of intent defense if you demonstrate that your actions were unintentional, involuntarily, or caused by unforeseeable circumstances.

According to Penal Codes 664 and 187, an act can only be intentional if:

  • It is voluntary, and you mean to engage in it
  • It is founded on circumstances that are foreseeable and which you believe exist and will exist
  • It causes outcomes that you intend and that will come about in the ordinary course of events.

Sometimes, lack of intent cannot be a defense, but it is raised as an alternative challenge to the prosecutor’s accusations.

You Are A Victim Of Mistaken Identity

Mistaken identity defense is applicable in criminal charges where a witness identifies a wrong person as the perpetrator of a crime. When you present a mistaken identity defense, it does not necessarily dispute that an offense happened.

Most criminal charges depend on the testimony of eyewitnesses and any person who saw the incident. Unfortunately, an individual’s memory is not perfect, and a witness can make a mistake by identifying a different person to be the offender. This can lead to a conviction of an innocent person.

Several factors can make a witness incorrectly identify a defendant in an attempted murder case. They include:

  • Where a weapon was used during the crime
  • The witness was under great stress or in a state of panic when he/she saw the perpetrator, especially during an attempted murder incident.
  • You and the witness are of different races.

In this case, your attorney can present alibi evidence that shows that you were elsewhere during the attempted murder incident. The judge can drop or reduce your charges if your attorney is able to convince them.

Related Offenses To Attempted Murder

Other crimes can be charged alongside the crime of attempted murder. They include:

Attempted Voluntary Manslaughter - Penal Code 192(a)

It is an offense under Penal Code 192(a) to take another person’s life either:

  • During a sudden quarrel
  • In the heat of passion, or
  • Based on an honest but unreasonable belief of the need to defend yourself

If the prosecutor accuses you of attempted voluntary manslaughter, the prosecutor must prove the following elements:

  • You were provoked
  • You acted rashly because of being provoked and under the influence of intense emotion, which obscured your judgment or reasoning

Examples Of Attempted Voluntary Manslaughter Cases include:

  • Responding to fighting words with lethal force
  • Aiding suicide, even if the victim consented to your help
  • Applying lethal force unnecessarily in self-defense during a physical altercation
  • A guardian killing another person he/she unreasonably believes is a threat to their child
  • A person walking in on their spouse cheating and stabbing them in a sudden rage
  • A perpetrator of your relative’s murder is smirking at you in court, and in the heat of passion, you run over and strangle them.
  • Applying lethal force on an unarmed pickpocketer

Attempted voluntary manslaughter is always charged as a felony in California. The judge can grant you probation with a jail term that does not exceed one year in a county jail. The judge can also deny you probation and sentence you to three years, six years, or 11 years in a state prison.

Attempted voluntary manslaughter can also attract the following penalties:

  • In order to enroll in counseling services like anger management classes
  • Community service
  • The loss of the right to possess or own a firearm under Penal Code 29800, California’s felon with a firearm law

Your attorney can help you present mitigating factors that can convince the judge to grant you the laxest sentence possible. Some of the mitigating factors can include:

  • You have no prior criminal record
  • You have been a cooperative and model defendant
  • Any reasonable person in the situation would have acted the same way

You can present the following defenses against your attempted voluntary manslaughter charges:

  • It was an accidental killing
  • The insanity defense
  • Self-defense or defense of others

Torture - Penal Code 206

The offense of torture is defined under Penal Code 206 as:

  • Inflicting great bodily harm on someone else, causing extreme pain or suffering
  • Inflicting pain or suffering on another person for revenge, persuasion, or any sadistic aim

If the prosecutor accuses you of torture, the prosecutor must prove the following elements:

  • You caused great bodily harm to another person
  • You intended to cause extreme or cruel pain and suffering when inflicting the injury for persuasion, extortion, revenge, or any sadistic aim.

The offense of torture is usually charged as a felony under Penal Code 206. This crime can attract a life sentence in a state prison and a fine that does not exceed $10,000. You could be eligible for parole after serving seven years in prison. The judge can impose similar punishment if you were aiding and abetting the torturer. The crime of torture qualifies as a ‘’strike’’ offense under California’s Three Strikes Law because it is a serious and violent felony.

You will face murder charges if the torture victim dies under the following circumstances:

  • You would face special circumstances murder charges under PC 190.2(a)(18) if you intended for the victim of torture to die
  • You would face felony murder charges under PC 189 if you did not intend the victim of torture to die.

The following are some of the defenses you can use to challenge torture charges:

  • You acted in self-defense
  • You were lawfully insane at the time of the act
  • You did not act with a criminal purpose
  • You had no intent to cause cruel or extreme pain and suffering

Aggravated Battery - Penal Code 243(d)

It is an offense under Penal Code 243(d) for you to commit battery causing serious bodily harm, also known as aggravated battery. The prosecutor must prove the following elements if he/she accuses you of aggravated battery:

  • You unlawfully and willfully touched another person in an offensive or harmful manner.
  • The victim sustained severe bodily injuries because of the touching or force.
  • You did not act in legal self-defense or defense of others. An aggravated battery is usually treated as a wobbler in California. In this case, you can face misdemeanor or felony charges depending on your criminal record and the facts of your case. Misdemeanor charges can attract a jail term that does not exceed one year in a county jail and a fine that does not exceed $1000.

Your jail term will increase by three to six years if the victim’s injuries qualify as great bodily injuries under 12022.7.

Some of the defenses you can use to fight your aggravated battery charges include:

  • It was an accident
  • There were no serious injuries
  • You acted in self-defense

Assault With A Deadly Weapon - Penal Code 245(a)(1)

It is an offense under PC 245 a 1 for you to attempt to attack or attack someone else with a weapon capable of causing great bodily injury or death. If the prosecutor accuses you of violating 245(a)(1), the prosecutor must prove the following elements:

  • The nature of your act would have resulted in the direct use of force on another person
  • You acted using a lethal weapon or force that would likely cause a great bodily injury
  • You acted willfully

Assault without a deadly weapon is a wobbler. Misdemeanor charges can attract the following penalties:

  • Summary probation
  • A jail term of one year in a county jail
  • A fine that does not exceed $10,000

Felony charges can attract the following penalties:

  • A fine of $10,000
  • A jail term of two, three, or four years in a state prison
  • Formal probation

Find A Criminal Defense Attorney Near Me

If you or a loved one faces attempted murder charges, you should contact an attorney immediately. Attempted murder is a serious offense that can lead to a jail term or imprisonment in a state prison, depending on the facts of your case. The judge can also order you to pay hefty fines or restitution to the victim. At the Monterey Criminal Attorney, we have committed attorneys who can help you create a convincing defense to fight your charges. It does not matter how intricate your case is. Our attorneys will go out of their way to fight for you. Contact us today at 831-574-1791 to speak to one of our attorneys.