Attempted Murder in California (Penal Code § 664/187(a))

The accusation hits like a sledgehammer: attempted murder.

Few criminal charges carry the weight and consequences of being accused of trying to take another person’s life. Even though no one died, attempted murder under California Penal Code § 664/187(a) is one of the most serious charges in the criminal justice system—potentially carrying a life sentence.

If you’re facing attempted murder charges in San Diego or Chula Vista, you need to understand exactly what the prosecution must prove and how an experienced defense attorney can protect your rights when everything is on the line.

Attempted Murder Under California Penal Code § 664/187(a)

California law defines attempted murder as having two key components:

1. Intent to kill (malice aforethought)
2. A direct but unsuccessful step toward committing the killing

This is a specific intent crime. The state must show that the defendant wasn’t just acting violently, or recklessly, or trying to harm someone—but that they meant to end a life.

The “Direct Step” Requirement

Planning alone isn’t enough. There must be action. A direct step goes beyond preparation and moves toward execution of the plan. The step must be something that would have resulted in a killing if not interrupted.

Examples of direct steps:

• Firing a gun at someone’s head or chest
• Stabbing someone in a vital area
• Lacing a drink with a lethal poison
• Hiring a hitman and arranging payment
• Driving a car into a crowd intending to strike someone

Even if the plan fails completely, the action can still qualify as a direct step.

First-Degree vs. Second-Degree Attempted Murder

Attempted First-Degree Murder

This applies when the act is:

• Willful
• Deliberate
• Premeditated

In other words, the accused planned the killing, even briefly, and took action based on that plan.

Penalty:

• Life in prison with the possibility of parole
• 15-year minimum if the victim is a police officer, firefighter, or other protected class

Attempted Second-Degree Murder

This applies when the intent to kill was present, but not premeditated. It often involves spur-of-the-moment violence that escalates.

Penalty:

• 5, 7, or 9 years in state prison

The Kill Zone Theory

California courts allow prosecutors to use the “kill zone” theory to charge multiple counts of attempted murder when a defendant attempts to kill one person but puts others at deadly risk in the process.

Example:

• A person shoots at a target in a crowded room.
• Even if only one person was the intended victim, others in the “kill zone” may qualify as victims of attempted murder.

This theory is often used in gang shootings, drive-by shootings, or explosive device cases.

Proving Intent to Kill

The biggest battleground in an attempted murder case is often intent. Prosecutors must prove that the defendant wanted the victim dead.

Factors used to show intent:

• The weapon used
• Location of injuries (e.g., head or chest wounds suggest lethal intent)
• Statements made before, during, or after the incident
• History between the defendant and victim
• Surveillance footage or witness statements

Intent to injure or scare isn’t enough. The state must show that the purpose of the act was to cause death.

Common Legal Defenses to Attempted Murder

Attempted murder charges are often based on assumptions and worst-case thinking. We push back with facts, expert testimony, and careful dismantling of the state’s case. Potential defenses include:

1. No Specific Intent to Kill

This charge cannot stand if the intent to kill is missing. If the evidence shows intent to frighten, injure, or confront—but not kill—that undercuts the state’s entire theory.

2. No Direct Step Taken

Preparation doesn’t qualify. If a person gathers weapons or surveillance but never acts, they may be guilty of criminal threats, solicitation, or conspiracy—but not attempted murder.

3. Self-Defense or Defense of Others

Under California law, individuals may use force—even deadly force—if they reasonably believe it’s necessary to prevent death or great bodily injury. If the defense was lawful, there is no crime.

4. Mistaken Identity

Eyewitness error is real and dangerous. We investigate the reliability of identifications, the conditions under which they were made, and alternative suspects the police may have ignored.

5. False Accusation

Motive to lie can range from revenge to deflection. Our role is to find and highlight those motives, using records, communications, and third-party testimony.

Enhancements That Increase Sentencing

Attempted murder charges often come with sentencing enhancements that significantly increase exposure.

Gang Enhancements (PC § 186.22)

• Adds 15 years to life, consecutive to the base sentence

Firearm Enhancements (PC § 12022.53)

• +10 years for using a gun
• +20 years for firing a gun
• +25 years to life for causing great bodily injury

Special Victims

• Attempted murder of a police officer, firefighter, or other protected person carries mandatory enhanced penalties, including a minimum of 15 years before parole eligibility

Immigration and Collateral Consequences

Attempted murder is considered an aggravated felony under federal immigration law. Non-citizens convicted of this offense may face:

• Deportation
• Inadmissibility to return to the U.S.
• Denial of naturalization

It also results in:

• Lifetime firearm ban
• Loss of voting rights during incarceration
• Severe employment and housing barriers

Related Charges Often Filed With Attempted Murder

Prosecutors often stack attempted murder with:

• Assault with a deadly weapon (PC § 245)
• Aggravated mayhem (PC § 205)
• Shooting into an occupied dwelling or vehicle (PC § 246)
• Conspiracy to commit murder (PC § 182)
• Torture (PC § 206)

It’s not uncommon for the DA to charge multiple counts of attempted murder for a single act—especially if multiple people were in the area.

Why These Cases Demand Experienced, Trial-Ready Defense

Attempted murder cases are built around interpretation:

• What did the accused mean to do?
• What does the evidence really show?
• What gets assumed, and what can be proved?

The penalties are life-altering. The narrative is usually stacked against the accused from the start. That’s why we work immediately to:

• Secure body cam, dash cam, or surveillance footage
• Gather forensic and medical records
• Locate witnesses and highlight alternate explanations
• Suppress unlawful statements or identifications
• Prepare for trial, even if resolution is likely outside the courtroom

Our role is to make sure the full story gets told—and that the prosecution doesn’t win by default.

If you’re facing a charge under Penal Code § 664/187(a), the path forward will not be easy. But with the right legal strategy, the charge doesn’t have to define your life.

Contact Our San Diego Criminal Defense Attorney Today

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.