Criminal Defense
Attempted Murder: Penal Code § 664/187 PC
federallawy583
Legal Expert
3 min read
Updated: Sep 6, 2025
Attempted murder is a serious offense. Under the California Penal Code 187 PC, is a unique special consideration offense. If you are convicted of attempted murder in the state of California, you could receive a very long prison sentence. If you are arrested for this crime, it is up to the prosecutor to prove beyond any reasonable doubt that you: 1. Were trying to kill the person or fetus
2. You actually made a successful but failed attempt to kill the person or fetus. In some cases, this can be a very high bar for a prosecutor. This is why an individual who has been accused of attempted murder should never take anything for granted. If you have arrested or accused, you should seek out an experienced attorney to take on your case a quickly as possible. Let's take a closer look at the elements and what the prosecution needs to prove to secure a conviction:
- You intended to kill - This means that you attempted to kill a specific person. Even if the accusation is circumstantial, it can still be proven in court. An example would be, if you tried to shoot or stab a victim in their vital organs, that can be construed as attempting to kill. On the other hand, you shooting someone in the leg or foot could be looked as you wanted to hurt them.
- You intended to kill a person - In this case, you may have not have been targeting anyone in general. For example, a person walks into a grocery store and begins shooting. They hit people, but they are only injured. That can get a conviction of attempted murder.
- You took a direct but unsuccessful step to kill - This is an action that could result in the death of an individual. Simply preparing a plan of action is not enough. Paying someone to do the deed would be enough for an attempted murder conviction. However, if you have a plan of action, such as sneaking into the victim's house with a loaded gun then having a change of heart. It could still be construed as attempted murder because you took a direct step.
- First Degree Attempted Murder - If you live in the state of California, and you are found to have willfully and deliberately attempted to take someone else's life, you will receive a life sentence.
- Second Degree Attempted Murder - Under a second degree attempted murder sentence, you could face up to nine years in prison.
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