664/187 PC – Attempted Murder – California Law & Sentencing
664/187 PC – Attempted Murder – California Law & Sentencing
The accessory must have the specific intent to aid the murderer in avoiding arrest, trial, conviction, or punishment. Mere knowledge of the crime is insufficient; there must be a conscious desire to assist the perpetrator.
Attempted murder under California Penal Code 664/187(a) PC is the crime of trying but failing to kill someone. It is a serious charge that carries severe penalties and can be complex to navigate.
Understanding the law, potential sentences, and defenses is crucial. In this post, we will explain how California defines attempted murder, the possible penalties, and the best defenses available.
By the end, you’ll have a clearer picture of what to expect and how to protect your rights. Let Huff Legal guide you through this challenging time with expert legal advice and compassionate support.
How does California law define attempted murder?
Attempted murder is defined as trying but failing to kill another person. In California, the law requires two key elements to prove this crime: a direct step toward committing the murder and the intention to kill.
Intention to kill
Prosecutors must establish that you had a clear intent to kill someone. It’s not enough to show that you intended to harm or injure; there must be evidence that you specifically intended to kill.
Often, prosecutors rely on the circumstances surrounding the act to prove intent, even if no injuries occurred. For example, shooting into a crowd can demonstrate intent to kill, even if no one is injured.
A direct step
A direct step involves more than just planning; it means implementing the plan. This step indicates that the murder would have happened if not for some external interference. Examples of a direct step include:
- Stabbing someone in the chest
- Shooting a gun at someone
- Hiring a hitman to kill someone
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What is the sentence for PC 664/187?
Attempted murder is always treated as a felony in California. Generally, the sentence for attempted murder is half of what it would be for a completed murder.
Attempted first-degree murder
Attempted first-degree murder involves actions that are willful, deliberate, and premeditated. If convicted, you could face:
- Life imprisonment in California State Prison
- The possibility of parole, determined at a parole board hearing
If the victim was an on-duty peace officer, firefighter, or other protected person, you must serve at least 15 years before becoming eligible for parole.
Additional penalties
In addition to prison time, several other penalties may apply:
- Monetary fines: Up to $10,000
- Victim restitution: Financial compensation to the victim
- Loss of gun rights: Lifetime ban under PC 29800
- Three-strikes law: Counts as a strike on your criminal record, doubling the sentence for a second strike and leading to 25 years to life for a third strike
- Gang enhancement (PC 186.22): Adds 15 years to life if the crime is gang-related
- 10-20-life law (PC 12022.53): Enhanced penalties for using a gun, including ten years for using, 20 years for firing, and 25 years to life for causing great bodily injury or death
- Immigration consequences: Non-citizens face deportation if convicted of attempted murder
Minimum sentence for attempted murders
The minimum sentence for attempted murder in California is five years in prison. This applies to attempted second-degree murder convictions. However, the sentence can be much longer depending on the circumstances of the case and whether the attempt is charged as first-degree murder.
Attempted murder sentence in California
In California, the sentence for attempted murder can range from 5 years to life in prison, depending on the degree of the offense and any aggravating factors. Enhancements, such as using a gun or committing an attempt for the benefit of a gang, can add years or even decades to the sentence.
How many years for attempted murder charges in California?
The number of years you face for attempted murder charges in California depends on several factors, including:
- Whether the attempt is charged as first-degree or second-degree murder
- Whether any enhancements apply, such as using a gun or causing great bodily injury
- Your criminal history and any prior strike convictions
A conviction for attempted first-degree murder can result in a life sentence, while attempted second-degree murder can lead to 5, 7, or 9 years in prison. However, enhancements and prior strikes can significantly increase the
What are the best defenses to attempted murder charges?
If you are facing attempted murder charges in California, it’s crucial to understand the potential defenses that may apply to your case. An experienced criminal defense attorney can help you identify the most effective strategy based on the specific circumstances of your situation. Some of the best defenses to attempted murder charges include:
No specific intent to kill
Attempted murder is a specific intent crime, which means that the prosecution must prove that you had the intent to kill the alleged victim. If your attorney can show that you did not have this specific intent, the attempted murder charge should not stand.
For example, if you only intended to scare or injure the person but not kill them, you may be guilty of a lesser offense, such as assault or mayhem, but not attempted murder.
No direct step
Even if you had the intent to kill, the prosecution must also prove that you took a direct step toward committing the murder. Simply planning or preparing to commit the crime is not enough.
If you abandoned your plan before taking any direct action, or if you were arrested before you could take that next step, your attorney may be able to argue that no attempted murder occurred.
Self-defense
California law allows you to use reasonable force to defend yourself or another person if you reasonably believe that you are in imminent danger of being killed or suffering great bodily harm. If you acted in self-defense, your attorney may be able to get the attempted murder charges dropped or reduced.
It’s important to note that you have no duty to retreat before using force in self-defense. However, the force you use must be reasonable under the circumstances.
Misidentification
In some cases, the defendant may have been mistakenly identified as the perpetrator of the attempted murder. This can happen if you resemble the actual culprit, drive a similar car, or are simply in the wrong place at the wrong time.
Your defense attorney can investigate the case and look for evidence that raises doubt about your identification as the person responsible for the crime.
False accusations
Unfortunately, people sometimes make false accusations of attempted murder out of anger, jealousy, or a desire for revenge. If you have been falsely accused, your attorney will work to uncover the accuser’s motivations for lying and attack their credibility.
It may involve gathering evidence of past false allegations, inconsistent statements, or a history of dishonesty.
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What are other crimes that can be charged along with attempted murder?
In addition to attempted murder, there are several related crimes that prosecutors may charge depending on the circumstances of the case. These include:
Shooting at an inhabited dwelling or occupied car
If you fire a gun at a house or car that people occupy, prosecutors may charge you with both shooting at an inhabited dwelling (Penal Code 246) and attempted murder. The logic is that shooting at a dwelling or vehicle indicates an intent to kill the occupants.
Drive-by shooting
Similarly, if you commit a drive-by shooting (Penal Code 26100) but no one is killed, you may face both drive-by shooting and attempted murder charges. Firing a gun from a vehicle at people is seen as an attempt to kill at least one of them.
Assault with a deadly weapon
Assault with a deadly weapon (Penal Code 245(a)(1)) involves attacking someone with a weapon or force likely to cause great bodily injury. This crime can be charged as a misdemeanor or a felony, and it is often filed in cases where the defendant’s actions fall short of attempted murder.
Attempted voluntary manslaughter
Suppose you attempt to kill someone in the heat of passion or with an honest but unreasonable belief in the need for self-defense. In that case, your attempted murder charge may be reduced to attempted voluntary manslaughter (Penal Code 192(a)).
This lesser offense carries a maximum sentence of 5.5 years in prison, compared to the life sentence possible for attempted murder.
Aggravated battery
Aggravated battery (Penal Code 243(d)) is a battery that results in serious bodily injury to the victim. Depending on the severity of the injuries and the circumstances of the case, prosecutors may charge this offense as a misdemeanor or a felony, either in addition to or instead of attempted murder.
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If you or a loved one is facing attempted murder charges in California, it’s essential to seek the guidance of an experienced criminal defense attorney. At Huff Legal, we understand the severity of these charges and the impact they can have on your life.
Our team of skilled lawyers is dedicated to providing compassionate, personalized representation to each of our clients. When you contact Huff Legal, you can expect to receive a thorough evaluation of your case and a clear explanation of your legal options.
We will work tirelessly to build a strong defense strategy tailored to your unique circumstances, ensuring your rights are protected every step.
FAQ
How long is a sentence for attempted murder in California?
The sentence for attempted murder in California depends on whether the attempt is charged as first-degree or second-degree murder. Attempted first-degree murder carries a sentence of life in prison with the possibility of parole, while attempted second-degree murder is punishable by 5, 7, or 9 years in prison.
What is the California Penal Code for attempted murder?
Attempted murder is covered under California Penal Code 664/187(a) PC. This statute combines the general attempt law (Penal Code 664) with the murder law (Penal Code 187(a)).
Is the sentence for attempted crimes in California generally half of what the sentence would be for the actual crime?
In many cases, yes. California Penal Code 664 states that the punishment for an attempt to commit a crime is generally half the sentence that would be imposed for the completed crime. However, there are some exceptions, such as attempted murder, which carries a specific sentence outlined in the law.
What is the statute of attempt in California?
The statute of attempt in California is Penal Code 664 PC. This law defines an attempt as an ineffectual act done toward the commission of a crime, and it outlines the general punishments for attempted crimes. To be convicted of an attempt, the prosecution must prove that you had the specific intent to commit the crime and that you took a direct but ineffective step toward committing it.
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If you or someone you know is facing charges as an Attempted Murder, it is crucial to consult with a qualified criminal defense attorney who can provide personalized legal advice based on the specific circumstances of the case. They can help navigate the legal process, protect your rights, and provide guidance on the potential penalties you may face.
Hiring a competent and knowledgeable criminal defense attorney in the San Francisco Bay Area who can represent you in court is essential to defending yourself and preserving your future. Our Bay Area Accessory to murder lawyers at Huff Legal can use various strategies for the best possible outcome of your case.
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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.