Understanding the Difference Between Aggravated Assault and Attempted Murder

When facing charges for aggravated assault or attempted murder in California, understanding the distinction between these serious crimes is crucial. While both involve acts of violence and intent to cause harm, they differ significantly in the level of intent, the required actions, and the potential penalties. These differences can determine whether you face felony or misdemeanor charges, as well as the severity of the consequences if convicted. The two charges may appear similar, as both involve violent conduct and attempts to harm another person. However, under California law, aggravated assault is generally focused on causing serious injury through force or threats, while attempted murder involves a deliberate intent to take another person’s life.

The District Attorney will determine which charge to pursue based on the evidence, the circumstances of the alleged offense, and the strength of the case. Both charges carry severe penalties, including lengthy prison sentences, substantial fines, and a permanent criminal record. If you or a loved one is facing either charge, having a skilled Los Angeles criminal defense attorney by your side is essential to protect your rights and secure the best possible outcome.

What Is an Aggravated Assault in California?

Aggravated Assault, under California Penal Code § 245, occurs when an individual uses force or threats of force with the intent to cause serious bodily injury. This offense often involves the use of a deadly weapon or extreme force that could result in substantial harm.

Key Points About Aggravated Assault:

1. Intent: The intent is to harm or cause serious injury, not necessarily to kill.
2. Use of Force: The assault typically involves a weapon or action capable of causing significant harm.
3. Harm: Actual injury is not required; attempting to cause harm is enough.

Examples of Aggravated Assault:

• Striking someone with a bat or crowbar.
• Swinging a knife at someone without causing injury.
• Threatening someone with a loaded firearm.

Penalties for Aggravated Assault in California:

• Misdemeanor: Up to 1 year in county jail and fines up to $1,000.
• Felony: 2, 3, or 4 years in state prison and fines up to $10,000.
• Additional Consequences: Probation, restitution, and loss of firearm rights.

Defining Attempted Murder Under California Law

Attempted Murder, under California Penal Code §§ 664/187, is the act of trying to unlawfully kill another person with deliberate intent. This crime requires a direct step toward causing death.

Key Points About Attempted Murder:

1. Specific Intent to Kill: The defendant must have a clear and conscious intent to end another person’s life.
2. Overt Act: There must be a direct action (e.g., shooting, stabbing) toward committing the murder, beyond mere preparation.
3. Premeditation: For first-degree charges, the act must be deliberate and planned.

Examples of Attempted Murder:

• Shooting at someone but missing.
• Poisoning someone’s drink with the intent to kill.
• Stabbing someone in the chest but failing to cause fatal harm.

Penalties for Attempted Murder in California:

• First-Degree Attempted Murder (Premeditated): Life imprisonment with the possibility of parole.
• Second-Degree Attempted Murder (Non-Premeditated): 5, 7, or 9 years in state prison.
• Enhanced Penalties: Additional time if the act involved a firearm, gang activity, or other aggravating factors.

Key Differences Between Aggravated Assault and Attempted Murder

Understanding When Assault Becomes Attempted Murder

The distinction between aggravated assault and attempted murder often depend on determining the attacker’s intent. When prosecutors decide whether to charge someone with assault or attempted murder, they rely heavily on circumstantial evidence to infer the accused’s intentions. Several key factors are typically examined to make this determination.

Nature of the Attack

The type of force or weapon used during the incident can indicate intent. For instance, attempting to harm someone with a dangerous substance, such as poisoning their drink, often demonstrates premeditation and intent to kill. Conversely, striking someone during a heated argument with a blunt object, such as a chair, may suggest a lack of prior planning and point toward aggravated assault.

Targeted Areas of the Body

Where the force was directed plays a crucial role in determining intent. Actions like aiming a weapon at vital areas, such as the head, chest, or neck, are more likely to be interpreted as an attempt to kill. By contrast, injuries to non-lethal areas like the arms or legs may suggest the intent was to harm rather than to end a life.

Statements or Actions Surrounding the Incident

Comments made before, during, or after the incident can provide insight into the attacker’s mindset. For example, statements expressing a desire to “end someone’s life” or threats made prior to the attack may be used as evidence to argue the assault was an intentional murder attempt. Conversely, an absence of such statements or evidence of impulsive behavior may support a lesser charge.

Legal Defenses Against Aggravated Assault or Attempted Murder Charges

If you are accused of attempting to harm or kill someone, it is crucial to consult an experienced criminal defense attorney as soon as possible. Your attorney will evaluate your case, explain the key differences between assault and attempted murder, and determine the most effective defense strategy based on the circumstances. One potential defense is lack of intent. To be convicted of attempted murder, the prosecution must prove you intended to kill. Similarly, for assault charges, there must be intent to harm. If no such intent existed, the charges may not stand. Another possible defense is lack of action—even if there was intent, failing to take any steps toward carrying out the harm means no crime was committed.

Misidentification is another common defense, especially in cases where the accused is mistaken for someone else. This can often be disproven with alibis, witness testimony, or other evidence. In cases involving false accusations, the charges may stem from malicious motives or fabricated claims. Demonstrating that the accusations are baseless or contradict evidence can result in a dismissal. Each case is unique, and the right defense will depend on the specific facts and evidence. An experienced attorney will work to build a strong case, protect your rights, and achieve the best possible outcome.

Self-Defense as a Defense Strategy

In cases of aggravated assault or attempted murder, a person may argue that their actions were justified if they reasonably believed they were in imminent danger of harm or death. For this defense to apply, the threat must have been immediate and credible, with no reasonable way to avoid the danger.

The response must also be proportional to the threat faced. Using excessive force beyond what was necessary to neutralize the threat can weaken this argument. Even if the perceived danger turned out to be a mistake, the defense may still be valid if the belief was reasonable under the circumstances. A successfully established claim of acting in self-defense can result in charges being reduced or dismissed entirely. Our Los Angeles defense attorney has successfully defended clients against attempted murder charges by effectively demonstrating self-defense in court.

Case Result: Attempted Murder Charges Dismissed

In a recent case in the Superior Court of California, City of Los Angeles, our client was charged with attempted murder (PC 664-187(A)) after an alleged incident involving self-defense. During the preliminary hearing, the court raised concerns about the proportionality of the force used, resulting in the charges being reduced to attempted voluntary manslaughter (PC 664-192(A)) with an additional “gun enhancement” charge.

Attorney Hashemi filed a PC 995 motion to challenge the charges, presenting a thorough self-defense argument. After extensive review and oral arguments, the court determined that our client acted in self-defense, leading to a complete dismissal of all charges.

Outcome: Attempted Murder Charges Dismissed

With decades of experience, we fight aggressively to defend our clients and ensure their rights are protected at every stage of the case.