Attempted Murder: Penal Code § 664/187 PC

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.

If you are convicted of attempted murder under the California state Penal Code 187, you could receive a lengthy prison sentence. Attempted murder in the state of California falls into two categories:

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.

There are also additional penalties such as fines of up to $10,000, restitution payments to the victim and the loss of possessing a firearm. Additionally, California has a “three strikes” rule. If this is your third felony strike, you could receive a mandatory 25-years-to-life sentence.

If the attempted murder is gang-related, sentencing under California law can be enhanced. You could face 15-years-to-life if you are found to have promoted or participated with a gang.

If you are accused of attempted murder, find legal representation asap. You will need an experienced attorney to evaluate your case. No attempted murder cases is the same. There are different circumstances and scenarios. A defense that is good for one may not be good for the next person.

  
 Christine Twomey 
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
  
 Brendan huisman 
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
  
 Guerline Menard 
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
  
 Keisha Parris 
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
  
 Taïko Beauty 
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.

Thank you team!
  
 Anthony Williams 
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
  
 Loveth Okpedo 
2024-03-12
Very professional, very transparent,  over all a great experience
  
 Bee L 
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
  
 divesh patel 
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way.

Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me.

I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence.

Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
Load more
 Google rating score: 4.9 of 5, based on 736 reviews 