Best Deal for Penal Code 664/187 PC Attempted Murder Charges
California Penal Code 664/187 PC describes the crime of attempted murder as when someone has intent to kill another person and takes a direct step to kill them, but the victim survives.
Penal Code 187 PC defines the crime of murder as either a first or second-degree. Thus, an attempted murder under California law is referred to as PC 664/187, which is the crime of “attempt” and the crime of “murder.”
Intent to kill
The most critical factor in an attempted murder case is the intent to kill. A reckless act sufficiently dangerous to human life could rise to a murder charge if somebody were killed, even if there was no intent.
PC 664/187 attempted murder, however, requires the specific intent to kill. Put simply; a defendant is not guilty of an attempted murder charge unless the prosecutor can prove they had a particular intent to kill someone.
Direct step
The next crucial element of the crime is an attempted murder case proving the defendant took a “direct step” toward accomplishing the murder.
Put simply, it's not enough for a defendant to just have an intent to kill someone. They have to take some action to complete the goal before they can be convicted of attempted murder under Penal Code Section 664/187 PC.
A direct step is more than making a plan or plotting to commit the murder. In other words, a direct step is any action that would have led to the murder occurring, such as:
- shooting a weapon in the direction of the victim,
- stabbing someone in the chest,
- paying a hitman to kill the victim or
- any other action which would lead to the victim's death.
Our Los Angeles criminal defense lawyers are reviewing the law below to give readers more detailed information.
What are the Penalties for Attempted Murder in California?
Penal Code 664/187 attempted murder is a felony crime and typically results in one-half the sentence for a murder conviction, a fact that underscores the gravity of the offense.
Like murder, attempted murder comes in first and second degrees. The penalties will vary according to which degree is proved. Attempted first-degree murder is punishable by:
- life in a California state prison;
- with the possibility of parole.
A defendant must serve at least 15 years in prison if the victim is an on-duty police officer or firefighter.
Attempted second-degree murder is punishable by five, seven, or nine years in the state prison. Both degrees also carry a $10,000 fine.
A felony conviction will also result in the loss of gun rights and will count as a “strike” under California's three strikes law. This can have serious implications for your future, affecting your ability to find employment and housing.
Sentencing enhancements
There are also sentencing enhancements that add more time to a defendant's sentence, such as:
- Penal Code 186.22 PC – criminal street gang enhancement;
- Penal Code 12022.53 PC – 10-20-life using a gun and done law.
Is Negotiation with the Prosecutor for the Best Deal Possible? Absolutely. This is a loaded question because the best deal you can get is a dismissal. Prosecutors evaluate the evidence. Sometimes, we get them pre-filing. They look at the case and decide not to file it in the first place.
This is a loaded question because the best deal you can get is a dismissal. Prosecutors evaluate the evidence. Sometimes, we get them pre-filing. They look at the case and decide not to file it in the first place.
Or, if they do file the case, once they file it, they decide to dismiss it. This is because maybe your criminal defense attorney brings up some points they didn't think about or some evidence that the police left out, which happens all the time.
This is because they typically conduct a one-sided investigation, focusing only on the evidence to prove the person guilty rather than considering the surrounding circumstances.
So, the best deal would be a dismissal or a non-filing. But short of that, most people looking through this website are not in a position to get that dismissal or non-filing, and they're going to have to deal with the attempted murder charges.
This means either going to a jury trial or working out some sort of a deal, and that's what we're talking about here — what type of a deal can you get in an attempted murder case in California? We will guide you through the legal process, from arraignment to trial, and help you understand your rights and options at each stage.
Can I Get Attempted Murder Reduced to a Lesser Charge?
The first one is you can get the charge reduced to something other than attempted murder, such as assault with a deadly weapon or something that doesn't carry that 15-to-life charge. This is a viable option that can significantly alter the course of your case.
This is because a lot of times, what you end up seeing is a situation where someone's charged with attempted murder and is facing 15 to life.
This gives the prosecutors a lot of power to negotiate because if you go to trial and you lose, they find premeditation and deliberation. If you're convicted, the judge has to give you a minimum of 15 to life, depending on whether other charges are filed. There could be more than a 15 to life charge.
Also, people don't realize there's a non-premeditation and deliberation charge where the person is not looking at 15 to life but instead is looking at 3, 6, or 11 years.
This is a lot better than a situation where they're facing life in prison, and they have to serve 85% of 15 years before they're even eligible to try to get themselves out of custody.
Real Case Example of Penal Code 664/187 Attempted Murder
I just had a case where they initially offered my client 19 years. He was charged with two counts of attempted murder, allegedly. Let's take a closer look at this case to see how the legal strategies we've discussed can be applied in a real-world situation.
He followed somebody, cut them off, came up to their car, and fired a couple of shots into their windshield. there were two people in the car—one in the driver's seat and one in the passenger seat.
So, if they could prove that my client was the shooter, that's two counts of attempted murder — 30 to life. You've also got the weapon charge. So, he was looking at the rest of his life in prison.
After the 19 years, they dropped it down to 13 at the preliminary hearing and said that if your client didn't take it before the initial hearing, we would take the 13-year offer away and put the 19-year offer back.
He'll never come out again if he goes to trial and loses. After the preliminary hearing, we set the case for trial, and they made a 9-year offer, which my client still didn't take.
I loaded the case up for trial. I filed motions attacking specific evidence that the prosecutors were trying to bring in; I think the prosecutors realized they would have a problem with the case because they had uncooperative witnesses and one of the top criminal defense attorneys in Los Angeles coming at them.
They ended up giving my client an assault with a deadly weapon — 4 years at halftime — he already had a substantial amount of time in, so he will be out in less than a year. So, that's a scenario where a great result occurred.
I can keep going on and on with examples. I just tried another case in Riverside County. They were offering my client a pretty good deal. He was facing life in prison, and the jury came back not guilty. So, anything can happen in these cases.
Criminal Defense for Attempted Murder Cases
You need to make sure you have a seasoned criminal defense attorney who knows what it takes to prove an attempted murder case and who can evaluate the evidence they have against you so the attorney can adequately advise you.
I've been doing this for 30 years. I've battled many attempted murder cases all over the place. I know what it takes to win. I know when it's time to pack it in and work out a deal, and obviously, I know how to get the best deals for my clients.
Pick up the phone. Ask for a meeting with Ron Hedding. I stand ready to help you.
Hedding Law Firm has two office locations in Los Angeles County, including 2049 Century Park E #2525, Los Angeles, CA 90067. Please contact our law firm for a free case evaluation at (213) 542-0979.
