Attempted murder in California is one of the most serious violent felonies under state law. If you or someone you care about is facing charges for attempted murder, understanding the legal consequences is essential. More importantly, securing the right legal representation from an experienced California criminal defense attorney can make all the difference in protecting your rights and future.
How Does California Define Attempted Murder?
Under California Penal Code Sections 664 and 187(a), attempted murder is defined as when a person intends to unlawfully kill another human being and takes a direct but unsuccessful step toward carrying out that act.
There are two key legal elements the prosecution must prove:
- Specific intent to kill – not just harm or scare someone.
- A direct but ineffective act – such as shooting and missing or stabbing but not killing.
The prosecution must establish that the accused intended to commit murder—not simply injure or intimidate the alleged victim.
Penalties for Attempted Murder in California
The penalties for attempted murder depend on whether the charge is considered first-degree or second-degree, as well as on specific circumstances like the use of a firearm, gang allegations, or injury to the victim.
First-Degree Attempted Murder
If the attempt is found to be willful, deliberate, and premeditated, it may be charged as first-degree attempted murder. This is punishable by:
- Life in prison with the possibility of parole.
- Additional years if sentencing enhancements apply.
- A strike under California’s Three Strikes Law.
Second-Degree Attempted Murder
If prosecutors cannot prove premeditation, the charge may be second-degree attempted murder. Possible consequences include:
- 5, 7, or 9 years in state prison.
- Additional penalties for enhancements.
- A strike under the Three Strikes Law.
Sentencing Enhancements That May Apply
In many cases, enhancements may increase the potential sentence:
- Firearm Enhancements
- Use of a gun: +10 years
- Discharging a firearm: +20 years
- Causing great bodily injury with a firearm: +25 years to life
- Great Bodily Injury: Adds 3–6 years if the victim was seriously injured.
- Gang Allegations: If the alleged crime was gang-related, significant prison time may be added.
- Prior Strike Convictions: Under the Three Strikes Law, individuals with prior serious or violent felony convictions face substantially longer sentences.
Additional Consequences of an Attempted Murder Conviction
Aside from prison time, a conviction for attempted murder can result in:
- Loss of firearm rights
- Difficulty securing employment or housing
- Immigration consequences for non-U.S. citizens
- Long-term probation or parole conditions
- Social and personal consequences, including strained family relationships
Common Legal Defenses to Attempted Murder Charges
Facing an attempted murder charge is intimidating—but a skilled defense lawyer may raise several powerful legal defenses depending on the facts:
- Lack of Intent to Kill
If the intent was to injure or frighten—not to kill—this could reduce or eliminate the charge.
- Self-Defense or Defense of Others
If the accused reasonably believed that deadly force was necessary to prevent harm, this may be a valid legal defense.
- Mistaken Identity
Eyewitness misidentification is a frequent problem. Alibi witnesses or forensic evidence can be used to challenge the prosecution’s case.
- Illegal Search or Seizure
If law enforcement violated your Fourth Amendment rights, evidence obtained unlawfully may be suppressed and excluded from trial.
- Plea Bargaining
Even if the case against you is strong, an experienced attorney may negotiate reduced charges or seek probation rather than incarceration.
Why Hiring the Right Attorney Matters
Attempted murder charges can be life-changing, but a knowledgeable and aggressive defense attorney can challenge the prosecution, investigate the evidence, and fight for your freedom every step of the way.
At Carolyn L. Oliver | Criminal Defense Law Firm, we provide strategic, trial-tested representation for individuals accused of attempted murder and other violent felonies throughout California. We understand what’s at stake and are committed to protecting your rights with diligence and determination.
Don’t Wait. Your Future Depends on What You Do Next.
If you or someone you know is facing attempted murder charges in California, early legal intervention is crucial. The longer you wait, the more difficult it may become to build an effective defense. Contact Carolyn L. Oliver | Criminal Defense Law Firm today to schedule a confidential case evaluation and learn how we can help protect your freedom and future.
Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice. Viewing this content does not create an attorney-client relationship. Every case is unique, and past results are not a guarantee of future outcomes.
