Blair Defense Criminal Lawyers | May 12, 2025 | Murder

What Is the Sentence for Attempted Murder in California?

Attempted murder is a serious crime, one that carries years of imprisonment if convicted. California has defined sentencing guidelines for attempted murder, which differ based on whether the charge is first or second-degree attempted murder and whether aggravating factors are present. 

Overview of Attempted Murder in California

Under California Penal Code Section 664, the crime of attempted murder involves the attempted unlawful killing of another person with malice aforethought. In layman’s terms, a person can be charged with attempted murder if they take a step towards killing someone with the intent to cause death.

Unlike other violent crimes, a person does not need to successfully complete the act of murder to be charged with attempted murder; there must only be an “attempt.” 

The prosecution must prove beyond a reasonable doubt two main elements for attempted murder charges:

  • The defendant took a direct step toward killing another person.
  • The defendant specifically intended to kill that person.

A “direct step” can include actions such as firing a weapon, stabbing someone, or preparing a dangerous trap. Mere threats are not enough to prove attempted murder (without an overt action to carry out the killing). 

Sentencing for Attempted Murder in California

The penalties for attempted murder in California vary depending on whether the offense is classified as first-degree or second-degree attempted murder.

First-Degree Attempted Murder 

This offense occurs when the attempt to kill was deliberate, premeditated, and intentional. A conviction can result in a life sentence in state prison (with the possibility of parole). If the victim was a law enforcement officer or firefighter engaged in their duties, the defendant must serve a minimum of 15 years before becoming eligible for parole.

Second-Degree Attempted Murder

If the attempted murder was not premeditated or deliberate, it is considered second-degree. A conviction can result in up to 9 years in state prison, depending on the severity of the crime and any aggravating factors.

Sentencing Enhancements for Attempted Murder

California law imposes sentencing enhancements that increase the sentence for attempted murder. 

Gang Enhancement

If the attempted murder was committed for the benefit of, at the direction of, or in association with a criminal street gang, the defendant may face a sentence enhancement.

Firearm Enhancement

Under the “10-20-life” law, using a firearm during the commission of attempted murder can result in additional penalties:

  • 10 years for using a firearm
  • 20 years for firing the firearm
  • 25 years to life for inflicting great bodily injury or death with a firearm

The imposition of this enhancement will depend on the facts of the case.

Attempted murder charges often involve related offenses that may carry additional penalties, including:

Prosecutors frequently identify multiple enhancements in serious attempted murder cases.

What Defenses Are Available in Attempted Murder Cases?

A strong legal defense can make a dramatic difference in an attempted murder case. Potential defenses available in such cases include:

  • Lack of Intent to Kill: The prosecution must prove specific intent to kill. This defense may apply if the defendant’s actions were intended to injure rather than kill.
  • No Direct Step: Planning a murder without taking a substantial step to carry it out is insufficient for an attempted murder conviction.
  • Self-Defense: California law permits individuals to use reasonable force to protect themselves or others from imminent harm.
  • False Accusation: The defendant may argue that they were falsely accused, a victim of mistaken identity, or wrongfully arrested due to insufficient evidence.

Attempted murder is a serious offense in California, with severe penalties that can include a life sentence in state prison. Individuals facing attempted murder charges should seek immediate legal representation to explore possible defenses. Strong criminal defense representation can help protect your rights and freedom. 

Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help

For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation. Give us a call at (619) 357-4977, or visit our convenient location:

Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
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