What is the Sentence for Attempted Murder in California?

In California, attempted murder is a serious and violent felony offense that carries severe penalties upon conviction. If you or a loved one have been charged with attempted murder, it’s crucial to understand the potential sentences and consult with an experienced criminal defense attorney who can protect your rights.

How Does California Law Define Attempted Murder?

Under California Penal Code 664/187(a), attempted murder occurs when someone intends to kill another person and takes a direct but ineffective step toward killing that person.

In other words, the crime of attempted murder has two key elements:

• The specific intent to kill; and
• A direct but ineffective act done towards that goal.

Importantly, the prosecution must prove that you had the intent to kill, not just to injure or frighten the alleged victim. Actions like pointing a gun at someone or stabbing them could constitute that direct step if coupled with an intent to kill.

Penalties for Attempted Murder in California

The sentence for attempted murder depends on the circumstances of the case. Generally, attempted second-degree murder is punishable by 5, 7, or 9 years in state prison.

However, if the attempt was willful, deliberate, and premeditated, it can be punished by a term of 7 years to life. The exact sentence will vary based on factors like:

• Whether the alleged victim was a peace officer or other protected person
• Whether the alleged attempt involved a drive-by shooting or shooting out of a vehicle
• Whether the defendant has prior felony convictions, especially for violent crimes
• Whether a gun or other deadly weapon was used
• Whether the alleged attempt caused great bodily injury to the victim

Potential Sentences for Attempted Murder

The sentence someone may face for attempted murder depends on several factors, including whether it’s charged as first or second-degree:

First-Degree Attempted Murder

When prosecutors allege the attempt was willful, deliberate, and premeditated, they may pursue first-degree attempted murder charges. A conviction may result in:

• Life in state prison with the possibility of parole
• Additional years for applicable enhancements
• Fines and restitution
• Strike under California’s Three Strikes Law

Second-Degree Attempted Murder

If prosecutors cannot prove premeditation, they may pursue second-degree attempted murder charges. Potential consequences may include:

• 5, 7, or 9 years in state prison
• Additional time for enhancements
• Fines and restitution
• Strike under California’s Three Strikes Law

Sentencing Enhancements

Several factors can increase the potential sentence, including:

• Gun Enhancements
  • Using a firearm may add 10 years
  • Discharging a firearm may add 20 years
  • Causing great bodily injury with a firearm may add 25 years to life
• Gang Enhancements — If prosecutors allege the attempt was gang-related, it may add significant time to the base sentence.
• Great Bodily Injury — Causing severe physical harm to the alleged victim may add 3-6 years.
• Prior Strike Convictions — Having prior serious or violent felony convictions can dramatically increase the potential sentence under California’s Three Strikes Law.

Additional Consequences

Beyond incarceration, an attempted murder conviction may result in:

• Loss of firearm rights
• Difficulty finding employment
• Housing restrictions
• Immigration consequences for non-citizens
• Strained personal relationships
• Supervised release conditions after serving time

Defenses Against Attempted Murder Charges

While the consequences of an attempted murder conviction are dire, there are several potential defenses an experienced criminal defense lawyer can raise, depending on the facts of the case.

Some common defense strategies include:

Insufficient Evidence of Intent to Kill

Attempted murder requires the specific intent to kill. If the defendant only intended to injure or frighten the alleged victim, or if they were acting negligently but without intent to kill, their attorney may be able to argue that the attempt did not rise to the level of attempted murder.

Self-Defense or Defense of Others

If the defendant reasonably believed that deadly force was necessary to protect themselves or someone else from imminent danger of being killed or suffering great bodily injury, they may have a valid self-defense claim.

Mistaken Identity

In some cases, the alleged victim or other witnesses may have misidentified the perpetrator. An attorney can challenge the reliability of eyewitness identifications and present evidence of alibis.

Illegal Search and Seizure

If the police obtained key evidence through an unlawful search or seizure in violation of the defendant’s Fourth Amendment rights, their attorney can file a motion to suppress that evidence from being used at trial.

Plea Negotiations

Even if the evidence of guilt is strong, a skilled criminal defense lawyer can often negotiate with the prosecutor for reduced charges or a more lenient sentence in exchange for a guilty plea. They can also argue for probation or other alternatives to incarceration when appropriate.

Hiring the Right Attempted Murder Defense Lawyer

When facing charges as serious as attempted murder, having the right attorney can make all the difference in the outcome of your case. At David P. Shapiro Criminal Defense Attorneys, our battle-tested defense lawyers have extensive experience handling complex attempted murder cases throughout San Diego County. We know what it takes to effectively challenge the prosecution’s case and secure the most favorable outcome possible for our clients.

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.