--- title: "PC 664/187 - Attempted Murder: Penalties & Defenses" description: "PC 664/187 attempted murder in California: what the DA must prove, life-with-parole vs. 9-year terms, firearm enhancements, and real defenses that apply." url: "https://www.thehfirm.com/penal-codes/penal-code-664-187-pc-attempted-murder" site: "H Law Group" --- # PC 664/187 - Attempted Murder: Penalties & Defenses PC 664/187 attempted murder in California: what the DA must prove, life-with-parole vs. 9-year terms, firearm enhancements, and real defenses that apply. Topics: Violent Crimes, Homicide, Attempted Murder, Penal Code, Criminal Defense Attempted murder doesn't require a body. It doesn't even require that anyone got hurt. What it requires is proof that you took a real step toward killing someone and that you meant to kill them, not just hurt them, scare them, or hit their car. That last part is where a lot of these cases actually turn. California lets prosecutors charge second-degree murder off a defendant's conscious disregard for human life, without proving they specifically wanted the victim dead. Attempted murder doesn't get that shortcut. The DA has to prove actual intent to kill, and that difference is often the entire defense. ## What the DA Has to Prove Under Penal Code 664 and 187, attempted murder has two elements: - You took a direct but ineffective step toward killing another person - You specifically intended to kill that person when you did it Both elements have to be proven for the same act at the same moment. Intent that shows up after the fact, or intent to do something short of killing (scare, injure, rob), doesn't satisfy the second element even if the first element is easily met. ## First-Degree vs. Second-Degree Attempted Murder [Penal Code § 664](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=664&lawCode=PEN) sets out different sentencing tracks depending on the degree and, in some cases, who the victim was: - First-degree attempted murder (willful, deliberate, and premeditated): life in state prison with the possibility of parole - Second-degree attempted murder (not premeditated): 5, 7, or 9 years in state prison, a fixed determinate term rather than a life sentence - Attempted murder of a peace officer or firefighter, where the defendant knew or reasonably should have known that status: life with the possibility of parole, regardless of premeditation - Willful, deliberate, premeditated attempt on a peace officer or firefighter: 15 years to life, with a mandatory minimum of 15 years served before parole eligibility Every version of this charge is a felony. There's no misdemeanor track and no wobbler. ## Sentencing Enhancements That Can Add Decades [Penal Code § 12022.53](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12022.53&lawCode=PEN), California's "10-20-life" law, stacks additional prison time on top of the base sentence when a firearm was involved: - 10 years for personal use of a firearm - 20 years if the firearm was intentionally discharged - 25 years to life if the discharge caused great bodily injury or death Since Senate Bill 620 took effect in 2018, judges have discretion to strike this enhancement in the interest of justice. It's no longer an automatic add-on, which is exactly why the argument for striking it belongs in sentencing negotiations from the start rather than as an afterthought. Attempted murder also counts as both a serious and violent felony under California's Three Strikes law. A conviction is a strike that stays on your record and doubles the minimum sentence on any future serious or violent felony, on top of whatever this case resolves to. ## What Counts as a "Direct Step" (and What Doesn't) This is where a lot of these cases actually get decided, and it's the part most write-ups skip past. Planning and preparation aren't enough on their own. Buying a gun, looking up someone's address, or sitting outside their house are all things a jury can consider, but by themselves they're preparation, not a direct step. Pointing a loaded gun at someone and pulling the trigger is a direct step, even if the gun jams or misfires. Driving to a person's house with a weapon, intending to shoot them, and then turning around before you arrive is usually preparation. The line moves depending on how close the defendant got to actually carrying out the killing, and that's a fact question a jury decides case by case, not something a chart can settle in advance. ## Common Defenses - No specific intent to kill. The evidence shows recklessness, anger, or intent to injure, none of which are the same as intending to kill. - No direct step was taken. What the defendant did was preparation, not a direct movement toward the killing itself. - Voluntary abandonment before any direct step. Backing out while you're still in the preparation phase means there's no completed attempt to charge. Once a direct step has actually happened, abandonment generally stops being a defense, which is why the timing of what happened matters as much as what happened. - Self-defense or defense of others. Deadly force used to stop an imminent threat to yourself or someone else can be lawful, and a successful self-defense claim defeats the charge entirely. - Mistaken identity or false accusation. Attempted murder cases are frequently built on eyewitness identification made during a chaotic, fast-moving event, which is exactly the kind of identification that gets challenged hardest at trial. Factual impossibility, meaning the killing could never have succeeded (an unloaded gun, a target who wasn't actually there), is generally not a defense in California. The law looks at what the defendant believed and intended, not whether the plan could have physically worked. ## Related Charges Attempted murder cases regularly get charged alongside or reduced to other offenses depending on what the evidence actually supports: [PC 187 (murder, if the victim dies from the injuries)](/penal-codes/penal-code-187-murder), [PC 245(a)(1) (assault with a deadly weapon, often the fallback when intent to kill can't be proven)](/penal-codes/pc-245-a--assault-with-a-deadly-weapon-firearm), PC 246 (shooting at an inhabited dwelling or occupied vehicle), and PC 203 (mayhem, when the injury is disfiguring but intent to kill is in question). ## Frequently Asked Questions **Can you be charged with attempted murder if no one was hurt?** Yes. Attempted murder only requires a direct step toward killing plus intent to kill. Whether the victim was actually injured affects sentencing enhancements and how a jury reads intent, but it isn't an element of the charge itself. **What's the difference between attempted murder and assault with a deadly weapon?** Intent. Assault with a deadly weapon under PC 245(a)(1) requires intent to commit a violent act with a weapon capable of causing serious harm, but not intent to kill. Attempted murder requires the prosecution to prove you specifically intended the victim to die. **Is attempted murder a strike under California's Three Strikes law?** Yes. It's classified as both a serious and violent felony, so a conviction counts as a strike and affects sentencing on any future qualifying offense. **Can attempted murder charges be reduced to a lesser offense?** It happens, most often to assault with a deadly weapon or a lesser degree of the attempt itself, when the intent-to-kill evidence is weak. Whether a reduction is realistic depends entirely on the specific facts of the case, not on the charge alone. **Does the intended victim have to be a specific, identifiable person?** Yes. Attempted murder requires intent to kill a particular person (or people), not a general intent to endanger a crowd. Firing into a group can still support the charge if the evidence shows a specific target or targets. ## If You're Under Investigation or Already Charged Attempted murder is one of the most heavily charged and heavily enhanced offenses in California, and prosecutors treat it accordingly. Whether the intent element actually holds up, and whether enhancements like PC 12022.53 apply and can be challenged, depends entirely on the specific facts of your case. Talk to a criminal defense attorney before you answer any questions or make any decisions. ## Related California penal codes - [PC 245(a) - Assault With a Deadly Weapon or Firearm](https://www.thehfirm.com/penal-codes/pc-245-a--assault-with-a-deadly-weapon-firearm) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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