Overview of Attempted Murder

The charge of attempted murder requires that the accused had the intent to commit a killing, took steps toward the commission of the crime but did not actually complete the crime.

1. “Intent” to commit the crime
2. At least one ineffective “direct step” to carry out the crime.

To prove “intent” a prosecutor needs to show the accused had the mental state to commit the crime. The intent element is typically the same as the one required to prove a murder charge. To establish the second element, the “direct step,” a prosecutor must show the accused did something beyond mere preparation to commit the crime. There must be some evidence the defendant intended to follow through with their preparations.

California Attempted Murder

California attempted murder is codified under California Penal Code sections 667, and 187. California Penal Code 664 defines what attempt is while California Penal Code 187, defines murder.

Just like actual murder is divided into first degree murder and second degree murder, attempted murder is divided into the same degrees, based on the penal code. The distinction between first and second degree is codified in California Penal Code Section 189. The law states that all murder which is done by means of a destructive or explosive, armor-piercing ammunition, a weapon of mass destruction, deadly chemical or poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing is murder in the first degree. First degree murder also includes murder that is committed during certain crimes or attempts of certain crimes such as: arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, certain enumerated sex crimes, firing a gun from a car intentionally at another person outside of the car with the intent to cause death. Any other murder or attempted murder qualifies as a second degree murder or attempted murder.

If you have been accused of premeditated first degree attempted murder or second degree murder call a criminal defense attorney right away. It is very important that you do not provide a statement to the police because anything you say not only can but actually will be used against you. This is true even if you know you are innocent and don’t believe a statement would incriminate you. The fact that you remained silent cannot be used against you in court, and that is where it counts. Call an attempted murder criminal defense attorney to discuss your case at (916)447-7842.