Attempted Murder

Wais Azami is a seasoned attempted murder defense attorney in Orange County. While attempt crimes are not deemed as serious as the intended target crime, the penalties can still be very severe. Even if no one dies, this is a very serious charge. Trust only an experienced criminal defense lawyer.

What is an attempted crime?

Penal Code section 664 defines the crime of attempt. It precedes the intended crime. In this case, PC 664/187 means attempted murder. Penal Code 187 is for murder and PC664 is for the attempt.

How is murder defined in California?

Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. Before, only a human who was born qualified as a “human being.” Recently, one can be charged for murder if a fetus was killed as well. Unlawful killing means the killing was not justified or permitted as in self defense or a legal state execution. Malice aforethought means the person intended to kill or wanted to kill, not just happened to kill.

What qualifies as attempted murder?

If someone intends to kill and takes an overt action in furtherance of killing someone, they have attempted to kill. Just because they failed, it doesn’t mean they lacked the intent. It’s very important for the prosecution to prove the defendant intended to kill and usually that can be obtained easily by a confession. There are other ways as well, but the vast majority of time the defendant forgets to invoke their 5th amendment right against self-incrimination. They talk too much without asking for a lawyer.

What are the defenses to attempted murder?

Defense to charge of attempted murder are, but not limited to, the following:

• The defendant never intended to kill
• The defendant was legally justified in the attempt to kill due to self defense
• The defendant was legally justified by trying to save another person’s life
• It was not the defendant who attempted the killing

What are the penalties for attempted murder?

Attempted first-degree murder:

Attempted first-degree murder means the defendant acted willfully, deliberately, and with premeditation. This means they wanted to kill and intended to kill. An attempted 1st-degree murder conviction has a sentence of:

• Life imprisonment in California State Prison, and
• The possibility of parole.

Defendants must serve at least fifteen (15) years if the victim was an on-duty:

• Police officer/ law enforcement officer,
• Firefighter, or
• Other protected person

Attempted second-degree murder:

Attempted second-degree murder in California means any attempted murder that does not qualify as a first-degree murder. In other words, the attempt was not deliberate and premeditated. An attempted 2nd-degree murder conviction carries a sentence of:

• 5 years in prison,
• 7 years in prison, or
• 9 years in prison