Attempted Murder Sentence – What is a Defendant Facing?
Attempted Murder Sentence – What is a Defendant Facing?
What is the attempted murder sentence under California Penal Code 664/187? The answer depends on several factors, including the degree of the offense and any sentencing enhancements that may apply.
Facing an attempted murder charge can be overwhelming, as a conviction can result in a lengthy prison sentence and life-altering consequences. Understanding the nuances of California’s attempted murder sentencing laws is crucial for anyone accused of this serious crime.
This article will explore the various factors that influence an attempted murder sentence under PC 664/187, the potential penalties a defendant may face, and the importance of working with an experienced criminal defense attorney to navigate this complex legal landscape.
Is attempted murder a felony?
Yes, attempted murder is a felony offense in California and most other states. As a serious crime, a conviction for attempted murder can result in severe penalties, including lengthy prison sentences and significant fines. The specific consequences will depend on the circumstances of the case and the defendant’s criminal history.
Attempted Murder Sentence California
In California, the sentence for attempted murder varies depending on the specific facts of the case and whether the offense is charged as first-degree or second-degree attempted murder. Understanding the potential penalties can help you navigate the legal process and make informed decisions about your defense strategy.
664/187(a) pc
Under California Penal Code sections 664 and 187(a), attempted murder is punishable by life imprisonment with the possibility of parole if it is charged as first-degree attempted murder. If the offense is charged as second-degree attempted murder, the sentence can range from 5 to 9 years in state prison.
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Degrees of attempted murder
California, like many other states, distinguishes between first-degree and second-degree attempted murder. The degree of the offense can significantly impact the potential sentence a defendant faces.
California law
Under California law, first-degree attempted murder is a more serious offense than second-degree attempted murder. First-degree attempted murder involves a willful, deliberate, and premeditated attempt to kill another person. In contrast, second-degree attempted murder does not require the same level of planning or intent.
Legal definitions vary
It’s important to note that the legal definitions of first-degree and second-degree attempted murder can vary from state to state. Some states may have different criteria for distinguishing between the two degrees of offense, while others may not recognize different degrees of attempted murder at all.
1st degree attempted murder sentences
In California, a conviction for first-degree attempted murder can result in a sentence of life imprisonment with the possibility of parole. This means that the defendant may spend a significant portion of their life in prison, with the chance of being released on parole after serving a certain number of years. The specific length of the sentence will depend on the circumstances of the case and the defendant’s criminal history.
Do states make a distinction between attempted first-degree and second-degree murder?
While some states differentiate between attempted first-degree and second-degree murder, others do not. In states that make this distinction, attempted first-degree murder is typically punished more severely than attempted second-degree murder due to the premeditation and deliberation involved in the crime.
No degrees of attempted murder
However, not all states distinguish between first-degree and second-degree attempted murder. In these states, attempted murder is treated as a single offense with a specific sentencing range.
What if there is no first-degree murder vs. second-degree murder distinction?
In states that do not differentiate between first-degree and second-degree attempted murder, the sentencing range for the offense is generally determined by statute. Judges will consider various factors when determining the appropriate sentence within this range.
Nevada law
For example, in Nevada, attempted murder is classified as a category B felony unless poison was used in the commission of the crime. A category B felony carries a potential sentence of 2-20 years in state prison.
Attempt murder definition with no degrees
In states that do not recognize different degrees of attempted murder, the offense is typically defined as intentionally trying to cause the death of another person without the death actually occurring. The specific sentence imposed will depend on the facts of the case and the defendant’s criminal history.
The legal penalties for being an accessory to murder can be influenced by various factors, including the jurisdiction’s specific laws, the level of involvement in the crime, any prior criminal record, and the presence of any aggravating circumstances, such as using a weapon or premeditation.
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What about sentencing enhancements?
Many states have sentencing enhancements that can increase the penalties for attempted murder if certain aggravating factors are present. These enhancements can add significant time to a defendant’s sentence.
- Some common sentencing enhancements for attempted murder include:
- Using a firearm or deadly weapon during the commission of the crime
- Discharging a firearm, especially if it causes great bodily harm to another person
- Injuring a law enforcement officer
Depending on the state and the specific circumstances of the case, these enhancements can add 10-20 years or more to an attempted murder sentence. The additional time is typically served consecutively to the sentence for the underlying offense.
How many years for attempted murders charges in California?
In California, the sentence for attempted murder depends on whether the offense is charged as first-degree or second-degree attempted murder.
Attempted first-degree murder
A conviction for attempted first-degree murder in California can result in a sentence of life imprisonment with the possibility of parole. This means that the defendant may spend a significant portion of their life in prison, with the chance of being released on parole after serving a certain number of years.
Attempted second-degree murder
If the offense is charged as second-degree attempted murder, the sentence can range from 5 to 9 years in state prison. While still a serious penalty, this is significantly less severe than the potential life sentence for first-degree attempted murder.
Additional penalties
In addition to the base sentence for attempted murder, California law provides for various sentencing enhancements that can increase the penalties if certain aggravating factors are present.
These enhancements can add years or even decades to a defendant’s sentence, depending on the specific circumstances of the case.
If you or a loved one is facing attempted murder charges in California, it’s essential to work with an experienced criminal defense attorney who can help you navigate the complex legal system and fight for the best possible outcome in your case.
Minimum sentence for attempted murders
The minimum sentence for attempted murder varies depending on the state and the specific circumstances of the case. In California, attempted first-degree murder carries a minimum sentence of life imprisonment with the possibility of parole, while attempted second-degree murder can result in a sentence of 5, 7, or 9 years in state prison.
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Legal Definition of Attempted Murder
Attempted murder is defined as the unsuccessful attempt to kill another person. To be convicted of attempted murder, the prosecution must prove two key elements: intent to kill and a direct step towards committing the murder.
Intent to Kill Someone
The most critical element of an attempted murder charge is the intent to kill. The prosecution must demonstrate that the defendant had the specific intent to end the life of another person. This intent distinguishes attempted murder from other crimes, such as assault or battery, where the goal may be to harm but not necessarily kill the victim.
Direct Step to Accomplish Murder
In addition to proving intent, the prosecution must also show that the defendant took a direct step toward committing the murder. This step must go beyond mere planning or preparation and involve an action that would have resulted in the victim’s death had it been successful. Examples of direct steps include shooting at the intended victim, stabbing them, or hiring someone to carry out the murder.
Defenses for PC 664/187 Attempted Murder
If you’re facing attempted murder charges under California Penal Code 664/187, several defenses may be available to you. These defenses focus on challenging the prosecution’s evidence and establishing that one or both of the key elements of the crime are missing.
No specific intent to kill
One of the most common defenses to attempted murder charges is arguing that you did not have the specific intent to kill the victim. If your actions were meant to scare, injure, or defend yourself rather than end the victim’s life, this defense may be applicable. Your attorney can work to gather evidence and present arguments demonstrating that your intent was not to kill.
No direct step
Another potential defense is asserting that you did not take a direct step toward committing the murder. If your actions were limited to planning, discussing, or preparing for the crime but did not involve an overt act that would have resulted in the victim’s death, you may be able to challenge the attempted murder charges on this basis.
Self-defense
Self-defense is a common affirmative defense to attempted murder charges. If you can establish that the alleged victim was the initial aggressor and that the force you used was reasonably necessary to protect your own life, you may be able to avoid a conviction. Even if the force used was excessive, an “imperfect” self-defense argument may still be used to negate the intent element of the crime.
False accusations
In some cases, attempted murder charges may be based on false accusations or mistaken identity. If you have been wrongly accused of attempting to kill someone, your attorney can work to gather evidence proving your innocence, such as alibis, witness statements, or video footage showing that you were not involved in the alleged crime.
Related Offenses for Attempted Murder
In addition to attempted murder, California law recognizes several other offenses that may be charged in connection with an attempt to kill another person. These related offenses can carry significant penalties and may be charged alongside or in lieu of attempted murder, depending on the specific facts of the case.
Shooting at an inhabited dwelling or occupied car
California Penal Code Section 246 makes it a felony to shoot at an inhabited dwelling or occupied vehicle. This offense is often charged in cases where the defendant fires a gun at a home or car, even if no one is injured. A conviction for this crime can result in a sentence of up to seven years in state prison.
Drive-by shooting
Drive-by shootings are a specific type of shooting at an inhabited dwelling or occupied vehicle that is prohibited under California Penal Code Section 26100. This offense involves discharging a firearm from a motor vehicle and can be punished by up to seven years in state prison. Drive-by shootings are often gang-related and can be charged in addition to attempted murder or other offenses.
Assault with a deadly weapon
Assault with a deadly weapon, as defined by California Penal Code Section 245(a)(1), is another offense that may be charged in connection with attempted murder. This crime involves assaulting another person with a deadly weapon or instrument other than a firearm and can be punished by up to four years in state prison. In some cases, prosecutors may choose to charge assault with a deadly weapon instead of attempted murder if the evidence of intent to kill is lacking.
Other related offenses that may be charged in connection with attempted murder include:
- Attempted voluntary manslaughter (Penal Code Section 192(a))
- Torture (Penal Code Section 206)
- Aggravated battery (Penal Code Section 243(d))
- Solicitation to commit murder (Penal Code Section 653f)
If you or a loved one is facing attempted murder charges or any of these related offenses, it’s crucial to work with an experienced criminal defense attorney who can help you understand the charges against you and develop a strong defense strategy.
Contact Huff Legal for Experienced Attempted Murder Defense
Facing attempted murder charges can be a frightening and overwhelming experience, but it’s important to remember that you have rights and options. By working with a skilled criminal defense attorney, you can ensure that your rights are protected and that you have the best possible chance of achieving a favorable outcome in your case.
At Huff Legal, we understand the gravity of attempted murder charges and the impact a conviction can have on your life. Our experienced criminal defense attorneys have a proven track record of success in handling these complex cases.
If you or a loved one is facing attempted murder charges in California, don’t wait – contact Huff Legal today for a confidential consultation and let us fight for your rights and your future.
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In legal terms, an accessory to murder refers to an individual who aids, abets, or otherwise assists in committing a murder. While the specifics may vary across jurisdictions, California law treats accessories to murder as active participants in the crime, holding them accountable for their actions. In San Francisco Bay Area, there are two primary types of accessories to murder:
In the event that you find yourself in the Bay Area facing accessory to murder charges, you should first call a criminal defense attorney who can help you defend your rights and lessen the effects of the investigation. Contact an attorney at Huff Legal as soon as possible following your arrest. An accomplished attorney from Huff Legal will thoroughly examine your case, who will then develop a strategy and build a defense.