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.
What is Attempted Murder in California?
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 defendant took at least one direct step toward killing another person. This step must go beyond mere planning or preparation.
The defendant intended to kill that person.
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.
Penalties for Attempted Murder Convictions
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:
Prison Time:
First-degree: 15 years to life in prison
Second-degree: 5, 7, or 9 years in state prison
Fines: Up to $10,000, plus potential victim restitution
Sentence Enhancements: Additional years for factors like using a firearm or gang involvement
The penalties may vary based on the specific circumstances of your case.
Collateral Consequences
An attempted murder conviction can have far-reaching effects on your life for years to come. These consequences may include:
A “Strike” on Your Record: Under California’s Three Strikes Law, this conviction counts as a “strike.” This means any future felony convictions could result in much harsher sentences.
Firearm Rights: Permanent loss of the right to own or possess firearms.
Professional Licenses: Possible suspension or revocation of professional licenses.
Immigration Status: Non-citizens may face deportation.
Employment and Housing: Difficulties finding jobs or housing due to a felony record.
Given the potential consequences, it’s critical to have experienced legal representation if you’re facing attempted murder charges.
Possible Defenses to California Attempted Murder Charges
When defending against attempted murder charges in California, several strategies may be applicable depending on the specific circumstances of your case:
Lack of intent: We may argue that you did not have the specific intent to kill, which could result in reduced charges or acquittal.
No “direct step”: The prosecution must prove you took a direct step toward killing someone. If your actions were merely preparatory or ambiguous, we can challenge this element.
Self-defense or defense of others: If you reasonably believed you or someone else was in imminent danger of great bodily harm, your actions may be justified.
Mistaken identity: In cases where eyewitness testimony is crucial, we may challenge the reliability of identifications.
Insufficient evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. We’ll scrutinize their evidence for any weaknesses or inconsistencies.
Every case is different, and the best defense strategy will depend on the specific facts and evidence involved in yours.
The Value of Early Legal Representation in Attempted Murder Cases
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:
Protect your rights during police questioning;
Begin building your defense strategy before charges are formally filed;
Identify and preserve important evidence that might otherwise be lost; and
Potentially negotiate with prosecutors before they solidify their position.
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.
Consult with a San Diego Attempted Murder Defense Attorney Today
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.
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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.
What elements must the prosecution prove for an attempted murder conviction?
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.
Can I be charged with attempted murder if the victim wasn't injured?
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.
Is self-defense a valid argument against attempted murder charges?
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.
Can attempted murder charges be reduced to a lesser offense?
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.