Review of California Penal Code 664/187 Attempted Murder Laws and Best Defenses
California Penal Code 664/187 PC is a complex legal framework that describes the crime of attempted murder. It involves a specific intent to kill another person and taking a direct step to kill them, but with the victim surviving. Understanding and navigating this legal terrain requires professional guidance.
In other words, the intended crime of murder was not completed, but an attempted murder charge must include the crucial element of an intent to kill.
Just like Penal Code 187 PC murder charges, PC 664/187 attempted murder is divided into two degrees.
There is a “first-degree attempted murder” where the alleged offense was premeditated and willful. A ‘second-degree” charge would include any other form of attempted murder.
Put simply, attempted murder means someone tried but failed to kill a human being. A prosecutor will have to prove two crucial factors to convict someone, including that the defendant took a direct step towards killing another person and had intent to kill them, known as malice aforethought.
A 'direct step' is not mere planning, but an action that, if not interrupted, would have resulted in the completion of the murder.
For example, shooting a weapon at the victim but missing or hiring another person to kill them.
Some related California charges could be filed in addition to or instead of Penal Code 664/187 attempted murder, including:
- Penal Code 16100 PC – drive-by shooting,
- Penal Code 246 PC – shooting at inhabited dwelling or car,
- Penal Code 192(a) – voluntary manslaughter,
- Penal Code 653f – solicitation to commit a crime.
For additional information, our Los Angeles criminal defense attorneys are providing a review below.
Two Different Types of Attempted Murder Charges
A lot of people don't realize that there are two different types of California Penal Code 664/187 PC attempted murder charges:
- first-degree attempted murder – this is where an individual plans on killing somebody, premeditates it, thinks about it, sets up a plan, and goes and attempts to kill somebody but falls short and doesn't kill that person. That is first-degree attempted murder with premeditation and deliberation. The particular individual who is convicted of that charge will be sentenced to 15 to life. If there are additional allegations like gun allegations, that can take that 15 to life up to a much higher number.
- second-degree attempted murder – this is the other charge when there is no premeditation and deliberation. There's no real thought to it — maybe it's a sudden quarrel, people become angry, and somebody decides to try to kill another person. So, it's still attempted murder, but there's no premeditation and deliberation. Under that circumstance, the person would be facing a potential prison sentence but would not be facing that life behind it.
So, obviously, there's a huge difference. A lot of times, what you'll see happening in Los Angeles County when someone is charged with first-degree attempted murder with premeditation and deliberation allegation is in there.
Negotiation with Prosecutor
A lot of times, if the prosecutors want to negotiate with that person and offer them something less than 15 to life, they will strike the premeditation and deliberation allegation and just have the person plead to an attempted murder charge.
Then the person will be looking at much less time. Usually, a high time on that would be 11 years for attempted murder with premeditation and deliberation.
It's important to understand that a conviction for attempted murder carries serious consequences. It's a violent felony, meaning a defendant would serve 85% of the sentence. However, in today's jail system, they might not serve 85% due to overcrowding and other issues.
So, that's certainly one way to deal with an attempted murder case where a person is looking at 15 to life; if they drop it down to the other attempt where 15 to life is not applicable, they could also charge, for example, an assault with a deadly weapon and get rid of the attempted murder allegations all together.
But I see sometimes, someone gets offered a deal and doesn't have the 15 years to live behind it, but they're still looking for a lot of time, and they start arguing. Well, I didn't do that.
It's natural to feel overwhelmed when facing serious charges like attempted murder. However, it's important to remember that the legal system is designed to ensure a fair trial. Even when offered a deal that seems unfavorable, it's crucial to remember that you have the right to challenge the charges and fight for a fair outcome.
That's the way they do it a lot of times when they're trying to figure out what a fair sentence is when somebody is charged with attempted murder in Los Angeles County.
Attempted first-degree murder is punished by life in state prison. Attempted second-degree murder is punished by 5, 7, or 9 years in state prison.
Best Defenses for PC 664/187 Attempted Murder Charges
It all depends on the circumstances of the case. I often tell my clients that they have to look at what the prosecutors do when they're evaluating a case.
They don't necessarily look at the charges that are hard but more looking at what sentence they think the person should get.
Then, they use the facts and circumstances of the case and the different charges that apply to it to work out an offer to settle the case. If you look at it in those terms, it makes a lot more sense.
Defenses to attempted murder charges under PC 664/187 will focus on challenging the prosecutor's elements of the crime, especially on the crucial factor of specific intent to kill.
Self-defense
There may also be other defenses, such as a reasonable argument of self-defense, in which we might be able to show proof that the alleged victim was actually the aggressor and that you only used force to protect yourself.
Even in a situation where the degree of force was not considered reasonable, which is commonly known as imperfect self-defense, you might be able to use the attempt at self-defense to challenge the critical intent element of attempted murder.
Other factors that prosecutors will look at are your criminal record and whether or not somebody was hurt, which can alter our defense strategy.
Suppose somebody fires a weapon and hits the person and nearly kills them and that person has horrible injuries. In that case, that's certainly going to be a much more significant factor than a situation where someone is shot at, the bullets miss, and they have no injuries whatsoever.
Both situations are serious, but the one in which somebody is significantly hurt is obviously going to be treated more harshly than the one in which somebody doesn't get hurt.
So, if you or a loved one is charged with attempted murder in California and there's a premeditation and deliberation allegation, you need help.
You need a criminal defense attorney to figure out how to deal with the case:
- whether to fight the case;
- take the case to trial, or
- whether or not a resolution is the best solution for you.
Pick up the phone. Ask for a meeting with Ron Hedding. I've been practicing criminal defense now for almost three decades. I stand at the ready to help you.
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