Murder is one of the most severely punished crimes nationwide, and in California, both murder and attempted murder are taken very seriously. California Penal Code 664[1] explains that you are not off of the hook if you attempted to murder someone yet failed in your endeavor. In fact, you face stiff penalties of up to nine years behind bars.
Attempted Murder Law in California
If you have been charged with attempted murder in California that means that it is believed that you wanted to kill another person and to accomplish this feat you took related actions against the individual. Despite your efforts to commit murder, the individual you wanted to kill survived. Depending on the details of the incident, examples of deliberate attempts to kill include stabbing, poisoning, strangling, or shooting.
A defendant must take at least one step toward committing murder[2] with the intent to end another person’s life to be subject to punishment for attempted murder in California. If charged with attempted murder in California, the law under Penal Code 664 dictates that you could face up to nine years in prison. Attempted murder is at the felony level but, how many years for attempted murder depends on various factors, including whether the charge is first or second-degree.
When you have been arrested and charged with attempted murder in California, it is imperative that to preserve your legal justice, you work with the very best California criminal defense attorneys. At the Manshoory Law Group, an experienced Los Angeles criminal defense team will support and fight tirelessly on your behalf to achieve the best possible outcome.
What are the Penalties for Attempted Murder?
How long do you get for attempted murders? The most strict punishments will be held for first-degree attempted murder. The attempted murder sentence in California for first-degree charges could result in life imprisonment, though parole may be possible[3]. Defendants often ask, “How many years for attempted murder can I serve?” The answer can vary greatly, but if a peace officer or firefighter is involved, the minimum time before parole consideration is 15 years.
In contrast, for second-degree attempted murders, defendants face prison sentences ranging from five to nine years, illustrating how long you get for attempted murders can differ based on the specific circumstances.
A defendant not only has to expect prison time with a California attempted murder conviction, but they also must be ready to pay. From paying money to victims for restitution to hefty fines of as high as $10,000, it is expensive to be charged with either first or second-degree attempted murder in the state. Additionally, the ability to own a gun will be eliminated[4].
The involvement of gang affiliations or committing the crime against protected individuals can increase the severity of the punishment under California’s three-strike law[5], making sentences for third-time offenders especially harsh. The more strikes a person accumulates on their record, the greater the increase in penalties. Of course, three strikes are the maximum and when you hit this level of crime, you will be serving at the very least, 25 years to life in state prison.
What refers to the 3rd degree attempted murders sentences, it’s worth noting that California primarily differentiates between first and second-degree charges.
How Can You Defend Against Attempted Murder Sentence in California?
To effectively challenge an attempted murder sentence in California, the prosecution must prove that the defendant not only took deliberate steps toward committing the act but also had the specific intent to kill. This intent, combined with at least one overt act directed toward the attempt, forms the basis for charges under Penal Code 664. The number of years for attempted murder a defendant might face hinges on the degree of the charge and the circumstances surrounding the case.
A strong defense can cast doubt on these elements through various strategies:
- Lack of Intent: Demonstrating that the defendant did not have the intent to kill can be pivotal, potentially impacting how many years for attempted murders might be imposed.
- Self-Defense: Arguing that the defendant’s actions were necessary to protect themselves[6] from immediate harm, which may justify the behavior and mitigate the charges.
- Insufficient Evidence: Pointing out flaws or gaps in the prosecution’s evidence can challenge the assertion that the defendant planned and attempted murder.
- Mistaken Identity: Establishing that the defendant was not the person who committed the act can lead to dropped charges or acquittal.
For those facing an attempted murder sentence in California, it is crucial to consult with a criminal defense attorney who can analyze the case’s nuances, prepare a tailored defense, and work to reduce or dismiss the charges. Since California’s three-strike law can amplify penalties, including up to life imprisonment for repeat offenses, experienced legal representation is essential.
There are many ways that an experienced and skilled murder defense lawyer in Los Angeles can examine your case and mount a tactical defense.
Call a California Criminal Defense Attorney Today
The facts that go along with how you were charged with attempted murder will also impact your sentence. For instance, if your activities were related to your membership in a California street gang[7], you are going to have an increased sentence. There are many subtleties that can greatly change how severely you are reprimanded for your alleged actions.
When you work with the criminal defense attorneys at the Manshoory Law Group in Los Angeles, every legal avenue to reduce your penalties or have your charges dismissed will be pursued. Contact our criminal defense attorneys at the Manshoory Law Group today for premier criminal legal defense services in Los Angeles at 877-977-7750.
References
- California Code, PEN 664. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=664.
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Parker, D. (2024, February 24). Murder vs Manslaughter vs Homicide What is the Difference? Manshoory Law Group, APC. https://manshoorylaw.com/blog/murder-vs-homicide-vs-manslaughter/24
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Parker, D. (2024, February 09). What is the difference between parole and probation? Manshoory Law Group, APC. https://manshoorylaw.com/blog/difference-between-parole-and-probation/
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Manshoory, S. (2021, May 28). Why are California Gun Laws So Strict. Manshoory Law Group, APC. https://manshoorylaw.com/blog/how-strict-are-california-gun-laws-compared-to-the-rest-of-the-nation/
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Manshoory, S. (2023, November 15). California ‘Three Strikes’ law: How does CA’s 3 Strikes law work? Manshoory Law Group, APC. https://manshoorylaw.com/blog/california-three-strikes-law/
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Manshoory, S. (2021, July 28). California Self-Defense Laws: What is the Legal Definition of Self-Defense? Manshoory Law Group, APC. https://manshoorylaw.com/blog/california-self-defense-law-legal-definition/
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Manshoory, S. (2023, June 7). Los Angeles Gangs and their history. Manshoory Law Group, APC. https://manshoorylaw.com/blog/los-angeles-gangs/