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Attempted Murder

Attempted Murder Defense Attorney in Los Angeles

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To learn more about the laws related to Attempted Murder in the state of California, we advise you to keep reading, our goal is to clear all your doubts, but keep in mind that the information offered here should not be used as a substitute for a qualified and experienced attorney in criminal cases to defend you.

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"Any person who attempts to commit an offense, but fails, or is prevented or intercepted in the commission thereof, shall, where the law does not provide for the punishment of such attempts, be punished as follows:

(a) If the offense attempted is punishable by imprisonment in the state prison, or by imprisonment pursuant to subdivision (h) of Section 1170, the person guilty of the attempt shall be punished by imprisonment in the state prison or in a county jail, respectively, for one-half the term of imprisonment prescribed upon conviction for the offense attempted. However, if the attempted offense is an intentional, deliberate and premeditated murder as defined in section 189, the person guilty of such attempt shall be punished by imprisonment in the state prison for life with the possibility of parole. If the crime attempted is any other crime for which the maximum penalty is life imprisonment or death, the person guilty of the attempt shall be punished by imprisonment in the state prison for five, seven, or nine years. The additional penalty provided in this section for willful, deliberate and premeditated attempted murder shall not be imposed unless the fact that the attempted murder was willful, deliberate and premeditated is charged in the indictment and admitted or found to be true by the judge."

California Statutes – Penal Code 664

What is Attempted Murder?

The crime of attempted murder is the intent and action to take the life of an individual.

Example: an individual shoots at his victim and misses, his victim is left alive, but he intended and acted, another example is communicating and intending to murder, not just wounding or hurting him.

What do I do if I am charged with Attempted Murder?

The first thing to do is to go to your attorney with experience in criminal defense. This will help you to be acquitted of your charges by proving that you had other motives for committing the crime. In addition, you may be able to pursue the following circumstances:


  • Violate the California Penal Code 203 chaos law, incapacitate the accused victim.


  • Frighten the accused victim into violating "California Penal Code Section 240" or "California Penal Code Section 245" Assault with a deadly weapon "Other reasons could be, if you have been falsely accused, you have been mistaken or confused for the criminal, there is insufficient evidence, and you did not intend to kill or did not have any obvious steps to accomplish the action, or if you acted in self-defense against someone because they are trying to kill you during an incident that you did not provoke, you have grounds to be acquitted of any crime that may have involved you.


Example: When a person takes another person's cell phone and walks away, while the victim was distracted. This crime would fit better as petty theft, since there was no violence involved.


Another example: Criminals enter a property, and the owners are nowhere to be found. They take several valuables and leave.

How is Attempted Murder Penalized?

Depending on the degree of the crime is the penalty according to Penal Code 187 of the California Murder Law.

Attempted First Degree Murder

If you have been convicted for doing the act with intent, i.e. you were aware and intended to do it, you will face life in California state prison and can be paroled in California as a "life prisoner." Now if you were convicted of attempted murder of a law enforcement individual such as a firefighter, police officer or other protected individual performing their duties, you will be given the same sentence but must serve a mandatory 15 years in prison.

Attempted Second Degree Murder

If you are convicted of a crime that you did not commit with intent, you will be sentenced to five or up to nine years in state prison. There are other penalties that cover both degrees, such as a $10,000 fine and the loss of the right to own or possess any firearm.

Crimes for Which You May Be Charged as Attempted Murder.

Under California Penal Code 664 and 187 you can be charged with attempted murder for the following actions:

  • California Penal Code 246 PC indicates that Shooting at an occupied home or vehicle is sufficient grounds to argue it as an attempt to kill the individuals who were inside the dwelling or inside the car.

  • Penal Code 26100 PC indicates that it is a crime and an attempt to commit murder to engage in drive-by shooting with the intent to kill someone.

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