Newport Beach Attempted Murder Attorneys

Attempted murder is among the most serious criminal charges in California. While the intended victim survives, the law punishes attempted murder nearly as harshly as murder itself. A conviction can result in a life sentence, along with severe collateral consequences such as a strike under California’s Three Strikes law, the loss of voting and firearm rights, and a lifetime felony record.

Under California law, attempted murder is prosecuted under Penal Code § 664 in conjunction with § 187(a), which defines murder as the unlawful killing of a human being with malice aforethought. When the killing is not completed, but the defendant takes a direct step toward committing the act with intent to kill, the crime becomes attempted murder.

Legal Definition of Attempted Murder

To convict someone of attempted murder under California Penal Code § 664/187(a), the prosecution must prove two elements:

1. The defendant intended to kill another person; and
2. The defendant took a direct but ineffective step toward committing that killing.

Intent to kill—also known as “express malice”—is a required element. Intent to injure or scare is not enough. Additionally, the defendant must take an actual step beyond planning or preparation. This step must indicate that the act would have resulted in a killing had it not been interrupted or been unsuccessful.

Examples include firing a gun at someone and missing, stabbing someone who survives, or trying to strangle someone who escapes.

Degrees of Attempted Murder

Attempted murder is classified in two degrees:

First-Degree Attempted Murder: This applies when the act was willful, deliberate, and premeditated. The prosecution must prove that the defendant considered the act of killing, reflected on it, and decided to follow through.

Second-Degree Attempted Murder: This applies when the defendant intended to kill, but the act was not premeditated or deliberate. These cases usually involve spontaneous or impulsive acts of violence.

The classification directly impacts sentencing, especially when enhancements are alleged.

Punishment for Attempted Murder

First-Degree Attempted Murder

• Life imprisonment with the possibility of parole
• Parole eligibility typically begins after 7 years, though actual release depends on multiple factors, including enhancements and parole board discretion
• If the victim is a peace officer, firefighter, or protected official, the minimum term increases to 15 years to life

Second-Degree Attempted Murder

• Sentencing range of 5, 7, or 9 years in state prison, determined by the judge based on aggravating or mitigating circumstances

Both forms of attempted murder are classified as violent felonies, which affects parole eligibility and post-conviction relief options.

Sentencing Enhancements

Attempted murder is often charged with enhancements that dramatically increase the sentence. The most common enhancements include:

Firearm Enhancements – Penal Code § 12022.53

• Use of a firearm: adds 10 years
• Intentional discharge of a firearm: adds 20 years
• Discharge causing great bodily injury or death: adds 25 years to life

These enhancements apply when the defendant personally uses the firearm and are served consecutively to the base sentence.

Great Bodily Injury – Penal Code § 12022.7

If the victim sustains serious or substantial injuries, this enhancement adds 3 to 6 years to the sentence, even if no firearm was used.

Gang Enhancement – Penal Code § 186.22

If the crime was committed to benefit a criminal street gang, the defendant faces an additional 15 years to life, which is also served consecutively to the base sentence.

Attempted Murder of a Peace Officer – Penal Code § 664(e)

If the defendant knew or reasonably should have known that the victim was a peace officer or similar protected professional performing their duties, the mandatory sentence is 15 years to life.

Attempted Murder and the Three Strikes Law

Attempted murder is considered a strike offense under California’s Three Strikes law. A strike conviction:

• Subjects the defendant to double the sentence for any future felony conviction
• May result in 25 years to life for a third strike
• Makes the defendant ineligible for certain sentencing alternatives and early release programs

Bail Considerations

Because of its seriousness, attempted murder is treated as a high-risk offense. Bail is usually set between $1 million to $2 million, depending on county policy, enhancements, and the facts of the case. Judges may deny bail entirely if they find the defendant poses a flight risk or an ongoing danger to the public.

Related Offenses

Defendants charged with attempted murder are often also charged with, or considered for, other related offenses. These include:

Assault with a Deadly Weapon – Penal Code § 245(a)(1)

This charge may apply if the defendant attacked someone with a weapon but did not have intent to kill. It carries a lesser penalty of 2 to 4 years in prison and may be charged as a felony or misdemeanor.

Attempted Voluntary Manslaughter – Penal Code § 192/664

If the act occurred in the heat of passion or under a sudden quarrel without malice aforethought, a reduction from attempted murder to attempted voluntary manslaughter may be appropriate. This carries a maximum sentence of 5 years in prison.

Shooting at an Inhabited Dwelling – Penal Code § 246

If the defendant fired a gun into a home or vehicle, regardless of whether anyone was hit, this felony carries a sentence of 3, 5, or 7 years and may be charged in connection with or instead of attempted murder.

Criminal Threats – Penal Code § 422

If the defendant made a credible threat to kill or injure someone and caused reasonable fear, this felony can carry up to 3 years in prison and may be charged alongside attempted murder.

Mayhem – Penal Code § 203

If the victim was permanently disfigured or lost the use of a body part, the defendant may face a charge of mayhem in addition to or in lieu of attempted murder. This carries a sentence of 2, 4, or 8 years in prison.

Understanding how attempted murder compares with or overlaps with these offenses is essential for strategic defense planning.

Legal Defenses to Attempted Murder

1. Lack of Intent to Kill

The most critical element of attempted murder is the specific intent to kill. The prosecution must prove beyond a reasonable doubt that the defendant had express malice—that is, a deliberate and conscious intention to cause death. If the evidence shows that the defendant acted recklessly, impulsively, or with intent to harm but not to kill, this element is not satisfied.

For example, swinging a bat at someone’s arm or firing a gun into the air may show recklessness or an intent to threaten or injure, but not necessarily a specific intent to kill. In such cases, the defense may seek to reduce the charge to assault with a deadly weapon or attempted voluntary manslaughter, both of which carry significantly lower sentences.

2. Self-Defense or Defense of Others

Self-defense is a complete legal justification to attempted murder. Under California law, a person is entitled to use force, including deadly force, if they:

• Reasonably believed they were in imminent danger of being killed or suffering great bodily injury; and
• Used no more force than necessary to prevent the harm.

Similarly, a person may use force to defend another if they reasonably believe someone else is facing imminent danger.

This defense often comes down to what the defendant perceived at the moment, rather than what was objectively true. A mistaken but reasonable belief in danger may still justify self-defense. Additionally, if the defendant initiated the conflict but later tried to withdraw and was attacked, they may still be entitled to a self-defense instruction at trial.

3. Imperfect Self-Defense

Even if the defendant’s belief in imminent danger was unreasonable, they may still raise imperfect self-defense. This is not a complete defense, but can negate malice, thereby reducing the charge from attempted murder to attempted voluntary manslaughter.

Imperfect self-defense is useful in emotionally charged cases, such as domestic violence or heated confrontations, where fear may have clouded judgment. Though it does not result in a full acquittal, it can substantially reduce exposure to a life sentence.

4. No Direct Step Toward Killing

A charge of attempted murder requires more than intent. The prosecution must also prove that the defendant took a direct but ineffectual step toward killing the alleged victim. Planning or preparing to commit a murder—such as making threats, buying a weapon, or driving to someone’s house—is not enough unless accompanied by an act that clearly moves the plan forward.

If the prosecution fails to prove this “direct step,” the defense can argue that the charge is legally unsupported and seek a dismissal or reduction.

5. Mistaken Identity

In many attempted murder cases, the crime occurs quickly and under stressful conditions. Eyewitnesses may make errors, especially when a weapon is involved or the assailant’s face is concealed. Surveillance video may be grainy, and forensic evidence like fingerprints or DNA may be absent or inconclusive.

If there is no solid identification evidence, the defense can raise reasonable doubt about whether the defendant was even present or involved. This is especially important in gang-related or drive-by shooting cases, where suspects are often arrested based on reputation or association rather than direct evidence.

6. Insufficient Evidence

In any criminal trial, the burden of proof rests entirely on the prosecution. If the state cannot establish each element—intent, direct step, identity—beyond a reasonable doubt, the defense can argue that the evidence is legally insufficient. A well-argued motion for acquittal (Penal Code § 1118.1) or a persuasive closing argument on reasonable doubt may result in a not guilty verdict or a hung jury.

Hire an Experienced Newport Beach Attempted Murder Attorney

Attempted murder charges carry devastating consequences—including life in prison, mandatory enhancements, and a permanent strike under the Three Strikes law. Prosecutors often seek the harshest penalties and aggressively pursue these cases in court.

If you or someone you care about is facing charges under Penal Code § 664/187(a), it is essential to retain an attorney with experience handling complex, high-stakes felony cases. Our lead attorney is a State Bar Certified Criminal Law Specialist with a proven record of success defending clients charged with violent crimes, including attempted murder. Call us to speak with an experienced Orange County attempted murder attorney.

We understand how to challenge enhancements, negotiate for reduced charges, present powerful defenses at trial, and protect your rights at every stage of the process. Our firm serves clients throughout Orange County and Southern California and offers discreet, results-driven representation.

Contact our office today for a confidential consultation.