Attempted Murder Laws in California

When Can I Be Charged With Attempted Murder?

Attempted Murder Laws in California

Attempted murder, where you take concrete action towards killing another individual, can be punished by life in California’s state prison system. If you want to kill someone else and take any action towards killing them but fail, you can be charged with attempted murder.

Elements of Attempted Murder Under California Law

In California, a prosecutor seeking to convict you of attempted murder must prove that you:

  • Took a direct step towards committing murder; and,
  • Had the intention to kill when taking that direct step.

The direct step required for an attempted murder conviction is more than preparation. For example, you can put bullets in a gun and not be charged. But once you fire the gun in the direction of someone, you may have committed attempted murder.

The prosecution must convince a jury that you intended to kill to find you guilty. For example, if you purposely inflict an injury to someone’s lower body, that may not show intent to kill. Instead, this may be evidence of intent to injure. Aiming for the head is different and may be used as proof you intended to kill.

A prosecutor does not need to prove that you intended to kill a specific person, only that you intended to kill someone. Under the “kill zone” theory, you can be charged with as many counts of attempted murder as the number of people you could have killed by your actions. For example, if you set fire to a home with the intent to kill a specific target, you can be charged with a count of attempted murder for each person in the house.

Punishments for Attempted Murder

California has two different degrees of attempted murder: first and second. The difference between the two is crucial because a first-degree attempted murder conviction can subject you to life in prison. Seeking a first-degree attempted murder conviction requires law enforcement to prove that your actions were willful, deliberate, and premeditated.

There cannot be confusion surrounding your conduct in a first-degree attempted murder case. The evidence must be clear that you were intending to murder someone else. Additionally, you must have planned to cause someone else’s death, rather than merely reacting in the heat of the moment. First-degree attempted murder convictions carry a sentence of life in prison, with the possibility of parole.

All attempted murders that are not premeditated or willful are charged as second-degree. Based on the facts of your case, you will face either five, seven, or nine years in state prison. The judge can also order you to pay restitution to your victim(s), a $10,000 fine, and strip you of your right to own a gun.

Enhancements To Attempted Murder Sentences

On top of the penalties described above, there are specific instances where attempted murder convictions carry harsher prison terms. For example, any attempted murder involving an on-duty police officer, law enforcement agent, or firefighter carries a sentence of at least 15 years in prison.

Using a gun during an attempted murder will also result in enhanced penalties. Merely using a firearm carries a 10-year sentence, while firing a gun during an attempted murder has a minimum of 20 years. If using a gun causes great bodily injury to the victim, you will face 25 years in state prison.

If you or a loved one is facing attempted murder charges in Irvine, California, you will need an experienced criminal defense team on your side. Contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com today!

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