Attempted Murder Charges in Los Angeles — What You Need to Know Right Now
An attempted murder charge in Los Angeles can feel like the end of the world. The sentence — potentially 15 years to life in state prison — is devastating.
The pressure the prosecution brings to bear is real. And the impulse to panic, to make decisions out of fear rather than strategy, is understandable.
But here is what 30-plus years of defending these cases in Los Angeles teaches you: attempted murder under California Penal Code 664/187 is one of the most frequently overcharged crimes in the entire criminal code.
The charge is powerful, and the sentence is severe — which is exactly why prosecutors reach for it even when the evidence of actual intent to kill is shaky. An experienced defense attorney knows how to identify that overreach and use it.
What 'Attempted Murder' Actually Means Under California Law
To convict someone under attempted murder laws, the prosecution must prove two things beyond a reasonable doubt:
- That the defendant took a direct step toward killing another person, and
- That they had the specific intent to kill, not just to harm, not just to scare, but to kill.
That second element — specific intent — is where many attempted murder cases are weakest. The intent to kill is a high bar.
The circumstances of what happened, how it happened, and what the defendant did before and after all factor into whether that bar is actually met. When the evidence of intent is ambiguous, that ambiguity belongs to the defense.
The Difference Between 15-to-Life and a Fixed Sentence
Not all attempted murder charges are equal under California law, and this distinction can define the entire case.
If the prosecution alleges — and proves — premeditation and deliberation, the conviction carries a sentence of 15 years to life.
That means parole board reviews, uncertainty, and potentially spending decades in prison before ever getting a hearing.
If premeditation is not alleged, or cannot be proven, the sentence becomes determinate — a fixed number of years the defendant will know from the start.
For many clients and their families, fighting the premeditation allegation is the single most important battle in the case, even if the underlying charge cannot be fully defeated.
It is the difference between knowing when you come home and not knowing if you ever do.
Why This Charge Gets Filed Even When the Evidence Is Weak
Prosecutors in Los Angeles use the attempted murder charge aggressively because it carries enormous leverage. When a defendant is facing 15 to life, the pressure to accept any plea deal is intense. That pressure is part of the calculation.
A real example of how this plays out: a defendant has a loaded firearm at close range and fires once, wounds the victim, and then stops and flees.
If the genuine intent was to kill, why fire only one shot? Why leave with a loaded gun?
The behavior tells a story that is inconsistent with an actual intent to kill, and that story is the foundation of an attempted murder defense argument that the charge is overcharged.
This does not excuse the conduct. But it absolutely matters when it comes to what the right charge is — and whether a life sentence is what the facts actually support.
Situations Where Attempted Murder Charges Commonly Arise in LA
These charges appear across a wide range of circumstances in Los Angeles County. The most common:
- Shootings — gang-related or during robberies. When a gun is fired at another person, prosecutors have an easier path to arguing intent to kill. Gang enhancements can add years to the base charge.
- Domestic violence incidents. Choking a spouse or partner to unconsciousness, or using a weapon in a domestic confrontation, frequently results in an attempted murder filing. These cases require a defense attorney who understands both the criminal law and the domestic context.
- Road rage. Using a vehicle as a weapon — driving into someone intentionally or attempting to run them over — is charged as attempted murder when prosecutors conclude the driver meant to kill.
- Stabbings and physical attacks. Knife attacks or striking someone already on the ground with enough force to cause serious injury can lead to an attempted murder filing — though these cases often offer more room to argue about intent than shooting cases do.
Defenses That Work in Attempted Murder Cases
Self-Defense
Self-defense is one of the most frequently and successfully argued defenses in attempted murder cases.
If the defendant reasonably believed they faced imminent death or great bodily injury and responded proportionally, the attempted murder charge fails.
Building this defense requires reconstructing everything that led to the confrontation — who initiated contact, what the defendant reasonably perceived at that moment, and the actual physical dynamics of the situation.
No Specific Intent to Kill
When the circumstances of the incident are inconsistent with a genuine intent to kill — the number of shots fired, the defendant's actions immediately after, the distance and positioning involved — that inconsistency becomes the centerpiece of the defense.
The prosecution must prove intent beyond a reasonable doubt. When the facts create reasonable doubt about whether death was the actual objective, the attempted murder charge is in trouble.
Voluntary Intoxication
Because attempted murder requires specific intent, voluntary intoxication from alcohol or drugs can be raised to argue that the defendant lacked the mental state required for this charge. When the evidence supports it, this can result in a conviction on a lesser charge rather than attempted murder.
Challenging the Identification
In gang-related incidents, drive-by shootings, and other chaotic situations, eyewitness identification is frequently unreliable.
Challenging the prosecution's identification evidence — through cross-examination of witnesses, independent investigation, and alibi evidence — is a central defense strategy when the facts support it.
What to Do If You or a Family Member Is Charged
The steps taken immediately after an attempted murder arrest matter enormously. Here is what should happen:
- Say nothing to law enforcement without an attorney present. Detectives assigned to attempted murder cases are experienced. They already have evidence when they make contact. Anything said without an attorney — even something intended to help — can be used against the defendant.
- Contact a defense attorney immediately. The earlier an attorney gets involved, the more options exist. Evidence can be preserved. Witnesses can be located before their accounts change. The attorney can make contact with the prosecution and understand exactly what they believe they have.
- Do not discuss the case with anyone other than your attorney. Phone calls from jail are recorded. Conversations with other inmates can be used against a defendant. The only safe conversation is with a lawyer.
- Hire an attorney who has actually tried these cases. Attempted murder requires a defense attorney with genuine trial experience in violent felony cases in Los Angeles courthouses. Ask directly how many attempted murder cases the attorney has handled and taken to trial.
Frequently Asked Questions
Can an attempted murder charge be dropped or reduced?
Yes — depending on the strength of the evidence. An attempted murder charge can be reduced to assault with a deadly weapon, attempted voluntary manslaughter, or a non-premeditated attempted murder with a determinate sentence.
The path to any of those outcomes runs through an aggressive defense that forces the prosecution to confront the weaknesses in their case.
Is attempted murder a strike in California?
Yes. Attempted murder is a serious felony under California's Three Strikes law. A conviction creates a strike that significantly increases sentences for any future felony convictions. This long-term consequence makes the defense strategy — including any negotiated resolution — critically important.
What if it were self-defense, but someone still got hurt?
Self-defense is a complete defense to attempted murder — meaning if the jury believes the defendant acted in lawful self-defense, they must acquit.
The fact that someone was injured does not eliminate the self-defense argument. What matters is whether the defendant reasonably believed they were in imminent danger and responded proportionally.
That determination is made by a jury, and a strong defense attorney makes sure the full context of what happened is before them.
Contact Us About an Attempted Murder Charge in Los Angeles
If you or someone you love is facing an attempted murder charge anywhere in Los Angeles County or the surrounding region, do not wait.
Contact our office today for a confidential consultation. We will sit down with you, go through the facts, and give you a clear picture of where things stand and what the defense options are.
Contact the Hedding Law Firm through this site or call (833) 594-2133 for an immediate, confidential consultation.
We handle attempted murder and violent felony cases throughout Los Angeles County and surrounding counties, including Orange County, Ventura County, and San Bernardino County.
