Attempted Crimes in California | Penal Code § 664: How Are Attempted Crimes Proven in California?
How Is Criminal Attempt Proven in California?
In California, an attempt to commit a crime is treated as a serious offense, even if the crime itself was never completed. Under California Penal Code Section 664, a person can be convicted of “attempt” when they take a direct step toward committing a crime but are unsuccessful in completing it. The law emphasizes that the intent to commit the crime, combined with significant action, is enough to warrant an attempt charge, even if the crime itself remains unfinished.
What Constitutes Criminal Attempt in California?
For a prosecutor to secure a conviction for criminal attempt under Penal Code § 664, two key elements must be proven:
- Intent to Commit a Crime: The prosecution must demonstrate that the defendant had a clear intent to commit a specific crime. Mere preparation or planning without intent to actually follow through is generally not enough for a conviction. For instance, if someone buys supplies or researches a method for committing a crime, this preparation alone does not amount to attempt unless there is intent to carry out the criminal act.
- A Direct and Substantial Step Toward the Crime: In addition to intent, the defendant must have taken a direct and substantial step toward completing the crime. This step must go beyond mere planning or preparation and demonstrate a clear movement toward committing the offense. Actions such as purchasing a weapon, entering a building with intent to steal, or stalking someone with the intent to harm them can qualify as substantial steps.
For example, if someone aims a gun at another person intending to kill them but misses, they could still be charged with attempted murder, as aiming the weapon is considered a direct and substantial step.
What Is Not Considered a Criminal Attempt?
Not every action taken before a crime is committed qualifies as a criminal attempt. Actions that are considered mere preparation or preliminary steps typically do not meet the legal standard. For instance, simply discussing a plan with others or gathering materials might not be sufficient for an attempt charge.
Additionally, a change of heart or abandonment can sometimes be used as a defense, provided the defendant voluntarily stopped before taking any substantial steps toward committing the crime.
Defenses to a Criminal Attempt Charge in California
- Lack of Intent: If the defense can prove that the defendant never intended to commit the crime, they may not be found guilty of criminal attempt. For example, if the defendant’s actions were mistaken or misinterpreted, this could undermine the prosecution’s case.
- No Substantial Step Taken: If the prosecution cannot prove that the defendant took a direct and significant step toward committing the crime, the attempt charge may not stand.
- Abandonment: If the defendant can prove they voluntarily abandoned the criminal plan before taking any substantial steps, they may avoid an attempt conviction.
Penalties for Attempted Crimes in California
The penalties for criminal attempt vary depending on the severity of the intended crime. Under Penal Code § 664, the punishment for an attempted crime is generally half the sentence of the completed crime. For example:
- Attempted murder can carry a sentence of life in prison with the possibility of parole if the murder had been completed.
- Attempted burglary may result in up to three years in prison if the burglary had been successfully carried out.
Some crimes, such as attempted murder, carry harsher penalties, particularly when aggravating factors, such as the use of a firearm, are involved. Proving criminal attempt in California requires demonstrating both intent and a direct step toward committing the crime. While not every preparatory action qualifies as an attempt, substantial actions taken with criminal intent are enough to warrant charges under Penal Code § 664. Because of the serious nature of these charges, securing experienced legal representation is crucial in defending against such accusations.
Contact an Experienced Criminal Defense Attorney
Facing criminal attempt charges in California can have life-altering consequences, including significant prison time and a permanent criminal record. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against serious criminal charges, including attempt crimes. Los Angeles defense attorney Arash Hashemi understands the complexities of California criminal law and will build a strong defense to protect your rights.
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