Los Angeles Attempted Murder Defense: Understanding California PC § 664/187 Charges

Facing attempted murder charges in Los Angeles can lead to severe consequences, including lengthy prison sentences, substantial fines, and a felony record that significantly impacts your employment and personal life. Under California Penal Code § 664/187, attempted murder involves taking a direct step toward killing another person with the intent to kill, but the victim does not die. At Rogers | Beltran LLP, our experienced Los Angeles attempted murder defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain attempted murder charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these serious charges.

What is Attempted Murder in California?

California Penal Code § 664/187 defines attempted murder as taking at least one direct but ineffective step toward killing another person with the specific intent to kill. Unlike murder, the victim survives, but the charge is still a serious felony. Attempted murder often arises in violent altercations, domestic disputes, or planned attacks. Key aspects include:

1. First-Degree Attempted Murder

  • Description: Involves a willful, deliberate, and premeditated attempt to kill (e.g., planning an attack with a deadly weapon).
  • Key Factors: A felony; carries harsher penalties due to premeditation.

2. Second-Degree Attempted Murder

  • Description: Involves an intentional attempt to kill without premeditation (e.g., a spontaneous act during a fight).
  • Key Factors: A felony; less severe than first-degree but still carries significant penalties.

3. Related Charges

  • Description: Attempted murder may be charged alongside related offenses, such as:
    • PC § 245 (assault with a deadly weapon).
    • PC § 422 (criminal threats).
    • PC § 243(d) (battery causing serious bodily injury).
  • Key Factors: Multiple charges can increase penalties and complicate defense strategies.

What the District Attorney Must Prove in an Attempted Murder Case

To secure a conviction under PC § 664/187, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

  1. Intent to Kill: You had the specific intent to kill the victim.
  2. Direct Step: You took at least one direct action toward killing the victim, beyond mere planning or preparation (e.g., shooting or stabbing).
  3. Ineffective Act: The victim did not die as a result of your actions.

For First-Degree Attempted Murder:

  • Premeditation: The attempt was willful, deliberate, and premeditated (e.g., planned in advance).

The DA relies on evidence such as witness testimony, surveillance footage, weapons recovered, or the victim’s injuries. An experienced Los Angeles attempted murder attorney at Rogers | Beltran LLP can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Attempted Murder Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 664/187 charges. Common defenses include:

  1. No Intent to Kill:
    • If you did not have the specific intent to kill, you may not be guilty of attempted murder.
    • Example: You acted to scare or injure the victim, not to kill them.
  2. Self-Defense or Defense of Others:
    • If you acted to protect yourself or another person from imminent harm, your actions may be justified.
    • Example: You used force to defend yourself during an attack.
  3. False Allegations:
    • Charges may stem from misunderstandings or false claims, often in domestic or personal disputes.
    • Example: The victim falsely accused you of attempting to kill them to retaliate.
  4. Insufficient Evidence:
    • The prosecution may lack evidence to prove intent or a direct step toward killing.
    • Example: No witnesses or physical evidence confirm you took a direct action.
  5. No Direct Step:
    • If your actions were mere preparation (e.g., planning without acting), the charge may not apply.
    • Example: You discussed harming someone but took no action.
  6. Mistaken Identity:
    • If you were not the person who committed the act, you cannot be held liable.
    • Example: The prosecution misidentified you based on unclear evidence.

At Rogers | Beltran LLP, our Los Angeles attempted murder defense lawyers will thoroughly investigate your case to identify the most effective defense strategy.

Potential Penalties for Attempted Murder Convictions in California

Penalties for attempted murder convictions under PC § 664/187 are severe, as it is a felony offense, with consequences depending on the degree and your criminal history. As of July 14, 2025, potential consequences include:

Second-Degree Attempted Murder

  • Prison Time: 5, 7, or 9 years in state prison.
  • Fines: Up to $10,000 (plus court fees).
  • Felony Record: Impacts employment, housing, and professional licenses.
  • Strike Offense: Counts as a “serious” felony under California’s Three Strikes Law.

First-Degree Attempted Murder

  • Prison Time: Life in state prison with the possibility of parole (minimum 7 years before parole eligibility).
  • Fines: Up to $10,000 (plus fees).
  • Felony Record: Severely impacts employment, housing, and professional licenses.
  • Strike Offense: Counts as a “serious” and “violent” felony under California’s Three Strikes Law.

Additional Penalties

  • Enhancements: Additional prison time may apply for using a firearm (PC § 12022.53, adding 10, 20, or 25 years to life) or causing great bodily injury (PC § 12022.7, adding 3–7 years).
  • Restitution: Payment to the victim for medical expenses or other damages.
  • Immigration Consequences: Non-citizens may face deportation or visa issues due to the felony conviction.
  • Employment Challenges: A felony record can limit job opportunities, especially in roles requiring background checks.
  • Professional License Impacts: Affects licenses for professions like law, healthcare, or security.
  • Civil Lawsuits: Victims may sue for damages, such as medical costs or emotional distress.

What Else Should You Know About Attempted Murder Charges in Los Angeles?

Attempted murder charges under PC § 664/187 are among the most serious violent crimes in California, particularly in Los Angeles’s urban environment, where violent incidents are heavily prosecuted. Here are additional details to understand:

The Attempted Murder Charge Process in Los Angeles

  1. Investigation: Police investigate using witness statements, surveillance footage, weapons recovered, or medical reports, often involving violent crime units.
  2. Arrest and Booking: You may be arrested and held without bail due to the severity of the charge.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges to lesser offenses like assault with a deadly weapon (PC § 245).
  4. No Diversion for Felonies: Judicial diversion is unavailable for felony attempted murder, making legal representation critical.

Why You Need a Los Angeles Attempted Murder Attorney

Navigating PC § 664/187 charges requires legal expertise due to complex evidence and severe penalties. An experienced attorney at Rogers | Beltran LLP can:

  • Challenge the prosecution’s evidence, such as proof of intent or direct action, to seek dismissal or reduction of charges.
  • Negotiate plea deals to lesser charges like assault or battery.
  • Represent you in court to protect your rights and future.
  • Mitigate impacts on your employment, professional licenses, or immigration status.

How to Protect Yourself After an Attempted Murder Charge

  1. Do Not Discuss the Case: Avoid talking about the incident with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of witnesses, alibis, or events supporting your defense (e.g., proof of self-defense).
  3. Hire an Attorney Immediately: Early intervention can lead to reduced charges or a stronger defense.
  4. Comply with Court Orders: Follow bail conditions to avoid additional charges.

Los Angeles-Specific Considerations

  • Urban Context: Los Angeles’s high-crime areas (e.g., South LA, Downtown) and dense population increase attempted murder allegations, especially in gang-related or domestic disputes.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Compton Courthouse, each with unique procedures.
  • Police Enforcement: LAPD uses advanced tools like bodycams and forensic evidence, which can be challenged for errors or procedural issues.

Contact Rogers | Beltran LLP for Expert Attempted Murder Defense in Los Angeles

A California attempted murder charge under PC § 664/187 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles attempted murder attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing first-degree or second-degree attempted murder charges, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.