What is the Punishment for Attempted Murder in California?

Attempted murder is one of the most serious charges someone can face in California, reflecting the state’s stringent stance on violent crimes. The penalties for attempted murder are severe and carry long-lasting consequences. This article explores the legal framework surrounding attempted murder in California, including the relevant statutes, potential penalties, and important aspects of defending against such charges.

Legal Definition of Attempted Murder

Attempted murder is defined under California Penal Code Sections 664 and 187. To be convicted of attempted murder, the prosecution must prove two critical elements:

1. Specific Intent to Kill:

1. • The defendant must have had a deliberate and premeditated intent to kill another person. This means that accidental or reckless actions, even if resulting in serious harm, do not qualify as attempted murder.

2. Direct Act Toward Killing:

1. • There must be a direct, but unsuccessful, action taken towards committing the murder. This action must go beyond mere preparation and show that the defendant unequivocally moved towards completing the crime.

Degrees of Attempted Murder and Penalties

Attempted murder charges in California are classified into first-degree and second-degree, each carrying different penalties:

1. First-Degree Attempted Murder:

1. • Definition: First-degree attempted murder involves premeditation and deliberation. The defendant must have planned and considered the killing beforehand.
   • Penalties: The punishment for first-degree attempted murder is severe. If convicted, the defendant faces a life sentence in state prison with the possibility of parole. In cases involving specific victims, such as law enforcement officers or certain protected individuals, the defendant must serve a mandatory minimum of 15 years before being eligible for parole.

2. Second-Degree Attempted Murder:

1. • Definition: Second-degree attempted murder lacks the elements of premeditation and deliberation. The intent to kill is present, but the act was not preplanned.
   • Penalties: A conviction for second-degree attempted murder typically results in a prison sentence of 5, 7, or 9 years. The actual sentence may vary based on the circumstances of the crime and the defendant’s criminal history.

Aggravating and Mitigating Factors

Several factors can influence the severity of the penalties for attempted murder, including:

• Aggravating Factors:

• • Use of a firearm or other deadly weapon.
  • Infliction of great bodily injury on the victim.
  • The victim’s status, such as being a law enforcement officer, firefighter, or other protected individual.

• Mitigating Factors:

• • Lack of a prior criminal record.
  • Mental health issues or circumstances reducing culpability.
  • Demonstrable remorse or attempts to mitigate the harm.

Defenses Against Attempted Murder Charges

Defending against an attempted murder charge requires a robust legal strategy. Common defenses include:

1. Lack of Intent:

1. • Arguing that there was no specific intent to kill, which is a critical element for an attempted murder conviction. Demonstrating that the defendant’s actions were reckless or negligent, rather than intentional, can be a strong defense.

2. Insufficient Evidence:

1. • Challenging the prosecution’s evidence to create reasonable doubt. This may involve scrutinizing witness testimonies, physical evidence, and the credibility of the prosecution’s narrative.

3. Self-Defense or Defense of Others:

1. • Claiming that the defendant acted in self-defense or defense of another person, and that the actions were necessary to prevent imminent harm.

4. Mistaken Identity:

1. • Arguing that the defendant was not the person who committed the crime, supported by alibi evidence or discrepancies in witness descriptions.

Contact an Experienced Orange County Attempted Murder Attorney

The penalties for attempted murder in California are severe, reflecting the gravity of the crime. With potential life sentences and significant prison terms, it is imperative for those accused to understand the charges and the legal strategies available to them. Seeking experienced legal counsel is crucial in navigating these complex cases, building a strong defense, and striving for the best possible outcome. The stakes are high, and a thorough, informed approach can make a significant difference in the defense against an attempted murder charge. If you have been arrested or charged with attempted murder, contact the Law Offices of John D. Rogers to schedule a consultation with an experienced Orange County criminal defense attorney.