What Is Attempted Murder in California? | Fight Charges with a Criminal Defense Lawyer

Attempted murder is one of the most serious criminal charges you can face in California—and the penalties can be nearly as severe as if the killing had occurred. Even if no one was physically injured, a prosecutor can still file attempted murder charges if they believe you took a “direct step” toward killing another person with the intent to do so.

If you’ve been arrested or are under investigation for attempted murder in Los Angeles, the situation is extremely urgent. Prosecutors waste no time building their case—and the sooner you speak with a Los Angeles criminal attorney, the better your chances are of protecting your future.

Let’s break down how California defines attempted murder, what the prosecution must prove, and what defense strategies may apply to your case.

How Does California Define Attempted Murder?

Under California Penal Code 664/187(a), attempted murder occurs when someone:

• Intends to kill another person, and

• Takes a direct step toward committing that killing—but does not succeed in causing death.

This means that even if no one dies—and even if no one is physically harmed—you can still face attempted murder charges if the prosecution believes you had a clear intent to kill and made an actual move toward carrying it out.

What Counts as a “Direct Step”?

A “direct step” means more than just making a plan or having violent thoughts. It’s any action that shows the accused was putting the plan into motion. Some common examples include:

• Pointing and firing a gun at someone (even if you miss)

• Stabbing someone who survives the attack

• Trying to run someone over with a car

• Hiring a hitman or attempting to poison someone

It’s important to understand that intent is critical. If prosecutors can’t prove that your goal was to kill—not just scare, injure, or threaten—you may have a strong legal defense.

Penalties for Attempted Murder in California

Attempted murder is always a felony in California, but sentencing depends on whether it’s charged as first-degree or second-degree:

First-Degree Attempted Murder:

• Requires premeditation and deliberate intent to kill

• Carries a sentence of life in prison with the possibility of parole

Second-Degree Attempted Murder:

• Involves intent to kill but without planning or premeditation

• Carries 5, 7, or 9 years in state prison

Sentence Enhancements:
If the alleged victim was a police officer, firefighter, or other protected public official, the sentence may include life in prison without parole eligibility for 15 years. Additionally, the use of a firearm or causing great bodily injury can add 10 to 25 years or more to your sentence.

How Does Attempted Murder Differ From Aggravated Assault?

It’s easy to confuse attempted murder with serious assault charges, like assault with a deadly weapon or battery causing serious injury. The key distinction is intent.

• Attempted murder requires the specific intent to kill

• Assault requires the intent to cause bodily injury, but not necessarily death

This difference matters. Your Los Angeles criminal attorney may be able to argue that while a crime may have occurred, the intent was not to kill—potentially reducing the charge or getting it dismissed altogether.

Defenses to Attempted Murder Charges in California

You Did Not Intend to Kill

The prosecution must prove you intended to take someone’s life—not just scare or harm them. If you acted out of fear or in a heated moment without forming intent, the charge may not stick.

Self-Defense or Defense of Others

If you were trying to protect yourself or another person from imminent harm, and your actions were reasonable under the circumstances, you may have a valid self-defense claim.

No Direct Step Was Taken

A heated argument or threatening words are not enough for attempted murder. If you never made a concrete move toward killing the other person, the charges could be reduced or dropped.

Mistaken Identity or False Accusation

In some cases, especially involving eyewitnesses or chaotic scenes, the wrong person is arrested. A skilled defense attorney will investigate all evidence and challenge the accuracy of the prosecution’s case.

What to Do If You’re Facing Attempted Murder Charges

If you’ve been arrested or believe you’re under investigation for attempted murder, do not speak to police or investigators without a lawyer present. These cases move fast—and anything you say can be used against you in court.

Contact a Los Angeles criminal attorney immediately to protect your rights, assess the evidence, and begin building your defense.

Speak With a Los Angeles Criminal Attorney Today

Attempted murder charges are among the most life-altering criminal accusations a person can face in California. A conviction can mean life in prison—even if no one was killed. If you’re being investigated or charged, now is the time to act.

At The Law Offices of Arash Hashemi, we’ve been defending clients across Los Angeles for over 20 years. Attorney Hashemi understands how prosecutors approach violent crime cases, and we know what it takes to fight back—whether through negotiation, suppression of evidence, or going to trial.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.