26 Feb 26
Attempted murder happens when you try to kill a person but fail. It is a serious felony, punishable by a lengthy prison sentence and a hefty fine. A conviction for attempted murder also results in life-changing consequences, mainly because it leaves you with a damaging criminal record. It is also a strike, under the Three-Strikes Law, meaning that it will affect the sentence for any subsequent violent felony conviction you receive.
However, the DA must prove all the facts of this crime for a court to find you guilty of attempted murder. It helps to understand the nature of your crime, possible penalties, and how you can avoid a conviction and its severe consequences. Hiring an attorney early in the legal process is advisable for proper legal guidance, advice, and defense.
The Legal Meaning of Attempted Murder
Murder is a serious offense as it entails the killing of a human being and a disregard for human life. It happens when you it is the unlawful killing of a person with malice aforethought. The DA must prove that you deliberately intended to kill the person, or have a wanton disregard for human life.
On the other hand, attempted murder, under PC 664 or PC 187, is the specific intent of killing a person, with a direct but unsuccessful step taken toward the commission of that killing. It happens when you intend to unlawfully take the life of another person, go beyond the mere planning of the murder, execute the plan, but your plan fails to yield the desired outcome.
Attempted murder is a serious crime because of the criminal intent and the malice aforethought to take another person’s life. Even though it does not result in the death of a person, California law provides severe punishment for it. If you intend to kill a person and fail, but the person succumbs to the injuries you inflicted on them, your attempted murder charge automatically changes to a murder charge.
There are two types of attempted murder charges under the law:
- Attempted first-degree
- Attempted second-degree murder
The prosecutor determines whether to file first-degree or second-degree charges against you based on the facts of your case.
Attempted first-degree murder is more serious than attempted second-degree murder. It carries a life-in-prison sentence, but with the possibility of parole. Attempted second-degree murder carries a prison sentence of five to fifteen years. Other consequences apply, considering the serious criminal record you gain after a conviction for attempted murder. Your professional and social lives will likely be significantly impacted, and this may affect how people view you and your ability to find employment.
Just as with the penalties, first-degree and second-degree attempted murder differ in their legal definition. The elements of the crime are critical, as they help determine whether you are guilty of the charges you face.
If you face attempted first-degree murder charges, the district attorney must prove the following elements:
- You tried to take the life of a particular person
- You intended to kill them
- Your actions were premeditated and deliberate
- You took a direct action or a direct step towards the murder
- Your actions did not result in the person’s death
The factors that make first-degree attempted murder serious include your willful, deliberate, and premeditated actions. The district attorney must prove that your actions were wilful and not accidental. This means that you deliberately and knowingly attacked the other person. Also, you need to demonstrate that your actions were premeditated. Although it could be challenging to prove what you planned in your mind, your actions before the crime can prove whether you premeditated the murder.
For example, if you took time to purchase a murder weapon or prepare it in any way, the prosecutor can use your actions to prove premeditation.
The second-degree attempted murder is also severe, but not as severe as the first-degree charge. The main difference between the two is that in second-degree attempted murder, there are no deliberate, willful, and premeditated actions. However, there is an intent to take the life of another person.
The intent to kill a person is a critical element in both first-degree and second-degree attempted murder charges. However, prosecutors face challenges proving a person’s intent. It is difficult to tell what a person intends or intended to achieve, unless they communicated their intent. In the absence of a witness, prosecutors rely mainly on circumstantial evidence. For example, if you attacked a person and you targeted their upper body, where most of their vital organs are located, this can prove your intent to murder.
Additionally, the manner of attack can help prove your intent. For example, if you stab a person once or twice, they may survive. However, if you stab them ten times or more, it may prove your intent to kill.
In both cases, the DA must prove that you took a direct step to take another person’s life. Whether or not your actions were willful, deliberate, or premeditated, the direct is critical in murder and attempted murder cases. A direct step goes beyond planning the murder. It means that in addition to thinking about and planning the person’s murder, you put your plan into action. The kind of action you take depends on how you planned to take the life of the person.
For example, if you planned to attack the person, the direct step could be that you shot at or stabbed them. A direct step could also mean that you contacted and engaged the help of a hitman. It could also mean that you not only bought poison, but also mixed it into the person’s food or drink.
The Kill Zone Theory
You can face attempted murder charges for trying to kill a person who was within your kill zone while executing a murder. If you attempt to kill a particular person, and someone else is within your target’s range, and could also lose their life, you are also liable for them. You can be convicted of attempted murder for this, even if you did not know that another person was in danger’s way.
Penalties You Can Face for an Attempted Murder Conviction
Remember that attempted murder is a severe crime, just like a murder conviction. The fact that the victim did not lose their life does not make our actions less severe in an attempted murder case. Understanding the penalties you will likely face upon conviction is critical as you prepare for defense. Your criminal defense attorney can ensure you know these penalties and their impact on various aspects of your life, enabling you to plan accordingly.
Typically, the punishment for attempted murder is usually half of the sentence you will likely receive for murder. If you face attempted first-degree murder charges, you could receive the following penalties:
- Life in a state prison
- The possibility of parole
- At least $10,000 in court fines
Although you are eligible for parole, courts do not grant it automatically after serving the required part of your sentence. You must petition the court for parole, and the parole board must hold a hearing to determine your suitability. If the victim of your crime was a police officer, peace officer, or any other protected officer, like a firefighter, you must serve at least 15 years of your prison sentence to qualify for parole.
A conviction for attempted second-degree murder is punishable by five, seven, or nine years in prison, and $10,000 or more in court fines and penalty assessments
Additional penalties apply in your case as follows:
Ban on Gun Rights
An attempted murder charge, whether first-degree or second-degree, will result in the lifetime ban of your gun rights, under PC 29800. This law prohibits certain groups of people from possessing, purchasing, or using a firearm, including convicted felons. Remember that the ban is for a lifetime, meaning that you will never be able to own or purchase a gun, whether for protection or recreational purposes.
The Three-Strikes Law
Attempted murder is categorised as a violent felony, which also makes it a strike under California’s Three-Strikes Law. This means that a conviction for a strike is penalized differently, and can result in more severe penalties if it is a second or third strike. If you already have a prior strike on your record, this conviction will be punished by double the penalties for the offense as provided under the law.
If you have two prior strikes and this is the third one, your penalty will be 25 years to life imprisonment. If this is your first strike, a subsequent strike conviction will attract a more severe penalty.
Gun Enhancement
According to PC 186.22, any violent crime committed for the benefit of a gang enhances the underlying sentence for that crime. In this case, if you attempted to kill a person for the benefit of a gang, you will receive an additional 15-year prison sentence. The additional sentence must be served consecutively with the sentence for the underlying charge. This will result in a longer prison sentence, or life in prison, depending on whether the underlying charge is a first-degree or second-degree attempted murder.
The 10-20 Life Law
Under PC 12022.53, the ‘use a gun, and you are done’ law applies to any violent crime committed using a firearm, including attempted murder. The law provides an enhanced sentence for violent crimes committed with a gun in the following manner:
- An additional ten years to your prison sentence for using a gun
- An additional 20 years if you fired the gun
- An additional 25 years, or life in prison if another person was killed, or you caused a significant bodily injury to another person using a gun
The additional sentence must also be served consecutively with the sentence for the underlying attempted murder.
Immigration Consequences
If you are an immigrant, a conviction for a murder charge will have serious consequences for your immigration status. Generally, crimes of moral turpitude affect an immigrant’s immigration status. These are crimes involving fraud, dishonesty, or depraved conduct. They include all crimes that violate a society’s accepted morality. Crimes or moral turpitude also include crimes committed with recklessness or intent, including most aggravated felonies.
Since attempted murder is an aggravated felony, it will likely affect your immigration status. This means you could be deported after serving your sentence or be deemed inadmissible to the United States. If you are deported, you will not be able to return to the United States. If you are marked as inadmissible, you will not be allowed to return after leaving the country for whatever reason.
A Serious Criminal Record
An attempted murder conviction will result in a serious criminal record that will affect various areas of your life for life. A felony conviction remains on your record for life. Your record, like all criminal records, is publicly available, meaning that anyone running a background check on you will learn about the conviction. This will affect your family relations, your relationships with friends and acquaintances, and your attempt to make friends.
It will also affect your ability to find employment. This is because potential employers almost always run background checks on potential candidates before hiring. A criminal record of a serious conviction like attempted murder may influence an employer’s decision, regardless of your qualifications.
A criminal record may also make it difficult to access certain services, including housing, insurance, and credit. Landlords, potential lenders, and insurance companies also run background checks. You could be denied housing services in your favorite neighborhoods, even after transforming your life. Insurance companies and lenders may increase their lending rates to you because a serious criminal record may be interpreted as untrustworthiness or unreliability.
You Can Avoid a Conviction
Fortunately, you are allowed to defend yourself against attempted murder charges for the favorable resolution of your case. This will help avoid all the harsh penalties and consequences of a conviction. A skilled criminal attorney can help you with this. An attorney can use the right defense techniques to convince the court to dismiss or reduce your charges. Here are some defenses that may work in your favor:
Proving that You Did Not Intend to Kill The Person
Murder and attempted murder charges have a particular and common intent, which is to kill or take the life of a person. The intent remains constant, even in a second-degree murder charge. You could influence a favorable result in your case if you prove that you did not intend to kill the person. You can say that, even if you attacked or shot at the person, you only intended to maim or injure and not kill them. The court may accept your defense if your defense aligns with the kinds of injuries the victim sustained.
For example, if you stabbed the victim once and had the opportunity to stab them more times but did not, you may convince the court that you did not intend to kill. The court may reduce your charges to a lesser offense with less severe penalties.
You Did Not Take a Direct Step
This defense strategy may work if, after all the planning, you did not take the final step to murder or attempt to murder the victim. Remember that in an attempted murder charge, the DA must prove all the facts of the case, including the fact that you took the final step to kill the victim. If this did not happen, the court would dismiss your charges. However, the prosecutor may file a different charge against you, depending on the facts of your case.
Your Actions Were in Self Defense
Self-defense is a widespread defense strategy in violent crimes.you can use it if you commit a violent crime against a person because you were facing imminent danger. The law allows a person to use reasonable force against another person if their safety or the safety of another person is threatened. You may have attempted the murder of a person because you believed that your life, or the life of another person, was in danger.
In this case, you must prove the following:
- You had a reasonable belief that your life was in imminent danger
- You believed that using force was necessary to stay safe
- You only used reasonable force against the person under the circumstances you were in
A skilled criminal defense attorney can carefully use this defense strategy to counter the prosecutor’s case and convince the court to dismiss your charges.
Find a Competent Criminal Attorney Near Me
If you or a loved one faces attempted murder charges in Van Nuys, a skilled criminal attorney can help. It is essential to understand your chargers, the possible penalties, and how you can fight them to achieve a favorable result. An attorney will also defend your rights and offer guidance through the complex legal process.
At Leah Legal, we understand how serious attempted murder charges are. We can use our best defense strategies to pursue the best possible outcome in your case. Call us at 818-484-1100 to learn more about our services.
