Facing attempted murder charges in California is one of the most serious legal challenges someone can endure. The stakes are high, the law is complex, and the consequences can be life-altering. Whether the allegations are based on a misunderstanding, a mistaken identity, or a situation blown out of proportion, the accusation alone can derail your life.
If you or someone you love is charged under Penal Code §664/187, understanding what you are up against is the first step. Equally important? Knowing how the right criminal defense attorney can protect your rights and fight for your future.
What Is Attempted Murder Under California Law?
Under California Penal Code §664/187, attempted murder is defined as taking a direct step toward unlawfully killing another person with the specific intent to kill. It’s not enough for someone to be injured—what matters is whether the accused allegedly intended to cause death and acted on that intention.
Attempted murder requires two elements:
- Intent to kill: The prosecution must prove that the accused specifically intended to kill another person.
- Direct step: The person must have taken a clear, direct action that goes beyond preparation, such as firing a weapon or physically attacking someone with lethal force.
Prosecutors often pursue these charges aggressively, especially if a weapon was involved or the incident resulted in serious injury.
Degrees of Attempted Murder
Attempted murder charges are classified into two degrees in California:
- First-degree attempted murder involves premeditation and deliberate intent. Conviction carries a potential life sentence in state prison with the possibility of parole.
- Second-degree attempted murder does not involve premeditation but still carries serious penalties, including up to nine years in prison.
In either case, the use of a firearm, alleged gang activity, or causing great bodily injury can trigger sentencing enhancements that increase the potential time behind bars.
Enhancements That Make Charges Even More Serious
Attempted murder charges alone are severe, but enhancements can raise the stakes dramatically. Some of the most common include:
- Use of a firearm: An additional 10 to 25 years may be added under Penal Code §12022.53.
- Great bodily injury: If the alleged victim suffers significant harm, this can add 3 to 6 years to the sentence.
- Gang affiliation: Charges tied to gang activity can bring further enhancements under California’s gang sentencing laws.
These enhancements are not automatic—a strong defense can challenge their validity and argue for their dismissal.
Defenses to Attempted Murder Charges
Just because you are accused of attempted murder doesn’t mean you will be convicted. Several defense strategies may apply depending on the facts of your case:
1. Lack of Intent
The most important element in an attempted murder case is the intent to kill. If your actions were reckless, negligent, or intended to scare rather than kill, your defense may argue that there was no specific intent to murder.
2. No Direct Step
Even if someone intended harm, the prosecution must prove a direct action was taken toward completing the murder. Planning or discussing a crime isn’t enough to secure a conviction.
3. Mistaken Identity
Eyewitness misidentification is common in high-stress incidents. If you were falsely identified or misremembered, your attorney can present evidence proving you were not at the scene or involved in any criminal activity.
4. Self-Defense or Defense of Others
If you reasonably believed you or someone else was in imminent danger and used force to prevent harm, self-defense may apply. However, this can be complex in cases involving deadly force and must be carefully argued.
5. False Accusation or Fabrication
There are cases where individuals are falsely accused due to personal vendettas, misunderstandings, or efforts to deflect blame. An experienced attorney can highlight inconsistencies in the prosecution’s narrative and present counter-evidence.
The Role of an Attorney in Attempted Murder Cases
Attempted murder cases demand more than just legal knowledge. They require strategic thinking, forensic understanding, and a relentless commitment to advocacy. The right lawyer will:
- Scrutinize all evidence, including surveillance footage, ballistic reports, and medical records.
- Challenge the credibility of witnesses.
- Investigate police conduct and potential violations of your rights.
- File motions to exclude unreliable or prejudicial evidence.
- Negotiate to reduce charges or eliminate enhancements.
- Take the case to trial if necessary and defend your story with clarity and precision.
Timing matters. Early intervention gives the defense team more time to build a solid case and prevent the prosecution from setting the narrative.
How the Charges Affect Your Life
A conviction for attempted murder can impact every aspect of your life:
- Incarceration: First-degree charges can lead to life imprisonment.
- Permanent criminal record: You could be branded a violent felon, affecting job prospects, housing, and professional licensing.
- Immigration consequences: Non-citizens may face deportation or denial of residency.
- Family disruption: Long prison sentences and stigma can strain or destroy family relationships.
The legal system is not designed to be forgiving—it’s designed to be punitive. That’s why it is crucial to retain a lawyer who understands how to fight back.
Choosing the Right Law Firm Makes a Difference
Criminal cases involving serious felony charges like attempted murder California require a legal team with proven experience and courtroom confidence.
The Nieves Law Firm has a strong track record of defending clients across California in complex, high-stakes cases. Their defense attorneys are known for assertive representation, detailed investigations, and unwavering commitment to client protection.
The difference between a life sentence and a second chance often comes down to the quality of legal representation.
Take Control of Your Defense Today
Attempted murder charges don’t just go away. Prosecutors will pursue them aggressively, and the consequences of waiting too long to act can be devastating. If you or someone you love is facing allegations of attempted murder, take the first step to protect your rights.
Contact a criminal defense attorney with the experience and resources to stand up against these charges. Your freedom, future, and reputation are worth defending—but only if you act before it’s too late.
This is your fight. Make sure you have the right team in your corner.
