Attempted murder charges in California are serious felony offenses, defined under Penal Code Sections 664 and 187. Convictions may result in life imprisonment for first-degree attempts or 5 to 9 years for second-degree, with additional enhancements possible for factors like weapon use or gang involvement. To convict, prosecutors must prove both specific intent to kill and a direct step taken toward that goal.
At David P. Shapiro Criminal Defense Attorneys, we defend clients against these and other serious criminal charges. Our team has extensive experience with attempted murder cases, including the nuanced aspects of proving intent and what qualifies as a “direct step.” If you’re facing such charges, we encourage you to contact our office to discuss your case and explore your legal options.
Under California Penal Code Sections 664 and 187, attempted murder is defined as the unsuccessful effort to kill another person, combined with the specific intent to kill.
The law breaks down attempted murder into two key elements:
The prosecution doesn’t need to prove that the defendant came close to completing the act. Even a seemingly minor action can qualify as a “direct step” if it was intended to result in the alleged victim’s death.
Attempted murder is a serious felony in California. First-degree attempted premeditated murder may result in life imprisonment with the possibility of parole, while second-degree attempted murder typically carries a sentence of 5, 7, or 9 years in state prison if probation is denied.
The complexity of proving intent and what constitutes a “direct step” makes attempted murder cases particularly challenging, underscoring the importance of experienced legal representation.
Attempted murder charges in California may have serious consequences. These may include both immediate legal penalties and long-term effects on your life. Understanding these potential outcomes is important.
If convicted, you may face the following legal penalties:
The penalties may vary based on the specific circumstances of your case.
An attempted murder conviction can have far-reaching effects on your life for years to come. These consequences may include:
Given the potential consequences, it’s critical to have experienced legal representation if you’re facing attempted murder charges.
When defending against attempted murder charges in California, several strategies may be applicable depending on the specific circumstances of your case:
Every case is different, and the best defense strategy will depend on the specific facts and evidence involved in yours.
When facing attempted murder charges, seeking legal help as soon as possible can be crucial. The early stages of a case often present critical opportunities that can significantly impact its outcome.
An experienced criminal defense attorney can:
At David P. Shapiro Criminal Defense Attorneys, we understand that no two cases are alike. We’re committed to providing personalized, strategic defenses tailored to your specific situation. The sooner you reach out, the more options we may have to help navigate your case effectively.
Remember, you have the right to legal representation. Exercise this right early to give yourself the best chance at a favorable outcome.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
The prosecution must prove two key elements: (1) the specific intent to kill someone, and (2) a direct (albeit ineffective) step taken towards killing that person.
Yes. Attempted murder charges don’t require that the alleged victim be injured. The prosecution only needs to prove you took a direct step towards killing someone with the intent to do so.
Possibly. Self-defense may be a valid defense if you reasonably believed you were in imminent danger of being killed or suffering great bodily injury, and you used no more force than necessary to defend yourself.
Yes, depending on the circumstances and evidence, attempted murder charges might be reduced to lesser offenses. This often involves negotiations between your defense attorney and the prosecutor.
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