California Penal Code 664/187 – Attempted Murder

Overview

Attempted murder under Penal Code 664/187 PC occurs when someone tries to unlawfully kill another person, and takes a direct step toward completing the act, with the intent to kill.

Although no death occurs, the penalties for attempted murder are still extremely severe—life in prison in many cases—and prosecutors often add firearm and gang enhancements that dramatically increase exposure.

At Jones Trial Attorneys, we take an aggressive stance against attempted murder charges. We challenge the claim of intent, scrutinize every “direct step” alleged, and fight enhancements that exaggerate the case.

Legal Definition

Under Penal Code § 664 and § 187:

“Attempted murder occurs when a person intends to kill another person and takes a direct but ineffective step toward killing that person.”

Elements of the Crime

To convict someone of attempted murder, the prosecution must prove:

1. You specifically intended to kill another person; and

2. You took a direct step toward killing them—but the killing was not completed.

A “direct step” is more than planning or preparation. It must show a real effort to follow through, such as firing a weapon, stabbing, or ambushing the person.

Degrees of Attempted Murder

• First-Degree Attempted Murder: Willful, deliberate, and premeditated attempt to kill

• Sentence: Life in prison with the possibility of parole

• Second-Degree Attempted Murder: Attempt to kill without premeditation

• Sentence: 5, 7, or 9 years in state prison

Enhancements That Increase Penalties

• Firearm use (PC 12022.53): +10, 20, or 25-to-life

• Great bodily injury (PC 12022.7): +3 to +6 years

• Gang enhancement (PC 186.22): 15 years to life

• Strike priors or multiple victims: Adds years or can trigger Three Strikes penalties

Defenses to Attempted Murder

Attempted murder charges often rest on assumptions of intent and motive. Common defenses include:

• No intent to kill – Perhaps you intended to scare, not kill

• No direct step taken – Planning is not enough

• Self-defense or defense of others

• Lack of identification or false accusation

• Insufficient evidence or overcharging

• Mental illness or lack of capacity (rare and difficult but applicable in some cases)

Immigration and Collateral Consequences

Attempted murder is a violent felony, a strike offense, and has lifelong effects:

• Mandatory deportation for non-citizens

• Bars from owning firearms or holding state licenses

• Prohibits parole, diversion, or other early release programs in many cases

Related Offenses

• PC 187 – Murder

• PC 192 – Manslaughter

• PC 245 – Assault with a Deadly Weapon

• PC 26100 – Drive-By Shooting

How Jones Trial Attorneys Can Help

Attempted murder charges demand meticulous case analysis, aggressive motion work, and a trial-ready team. We consult forensic experts, attack unreliable witness testimony, and work every angle to dismantle the prosecution’s case.

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Accused of Attempted Murder? Call Immediately.

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