In California, attempted murder laws govern incomplete or unsuccessful acts of killing an individual. As the name implies, the crime of attempted murder, unlike the crime of murder, does not result in the death of another individual.
However, similar to the criminal offense of murder, attempted murder is a very serious crime that can result in severe criminal penalties, which can include substantial prison time. In order to convict a defendant of attempted murder, a prosecutor has to prove all of the elements of attempted murder beyond a reasonable doubt.
In the State of California, these elements include:
- The specific intent to kill
- Taking a direct but ineffective step to kill
- An ineffective result where the victim survives
A California lawyer can provide more detailed information about the requirements in the state as well as what defenses can be presented against charges of attempted murder.
What Is Attempted Homicide? Is It the Same as Attempted Murder?
Attempted murder may also be called attempted homicide. Although the terms are often used interchangeably, the terms do not have the same meaning.
Homicide is a broad term that means one person killed another. Murder is an unlawful killing of another person. A murder is always a homicide but a homicide is not always a murder, as it may also be a justifiable killing or a manslaughter.
An attempted murder is an unsuccessful or incomplete act of unlawfully killing a person with malice aforethought. An attempted homicide is a failed attempt or one human trying to physically kill another, which may be done with extreme disregard for human life.
What Elements Are Required To Prove Attempted Murder in California?
In California, as noted above, there are specific elements that the prosecution must prove beyond a reasonable doubt to prove attempted murder, including intent, an action or direct step, and that the victim survived.
Intent
In order to prove attempted murder, the prosecution must prove criminal intent to kill. This means that the prosecution must show that the defendant acted with the intent to kill the victim, that they decided to kill the victim, or that they acted with such a reckless indifference for human life that killing the victim was a real possible result of their conduct.
It is important to be aware that a defendant will not be convicted of attempted murder if their intention was only to hurt or to frighten the victim. For example, if the defendant showed a firearm only to scare the victim, it may not result in an attempted murder charge.
However, if they shot the victim in the arm but then claimed they were only trying to scare the victim, the defendant could still likely face attempted murder charges. This could also apply to other types of weapons, such as a knife.
Action or Direct Step
In addition to showing the defendant’s intent to kill the victim, the prosecution has to show that the defendant took action or a substantial step towards committing murder. What will be considered a direct step or a substantial step towards committing murder can vary depending on the circumstances of the case.
For example, if an individual casually talks about murdering someone, it is typically not considered a direct step. Additionally, only purchasing a firearm may not be enough to be considered a direct step.
However, using the weapon against the victim, soliciting a third party to kill the victim, or using a purchased weapon against the victim is typically considered enough to be a direct step towards murder. Generally, taking some action past a mere preparation stage will be considered a direct step, again, depending on the circumstances of the particular case.
The Victim Survived
In order for the offense to be attempted murder, the victim must have survived. To find out more information about the elements that the prosecution has to prove to show to convict a defendant of convicted murder in California, it is essential to schedule a lawyer consultation.
Are There Different Degrees of Attempted Murder in California?
Yes, California has different degrees of attempted murder, including attempted first-degree murder and attempted second-degree murder. The main difference between these two offenses is the state of mind of the defendant as well as the level of planning that is involved in the two offenses.
Attempted First-Degree Murder
A charge of attempted first-degree murder will apply when the murder attempt was deliberate, willful, and premeditated. With a first-degree charge, the defendant considered their actions before taking a direct step to carry them out, no matter how short their planning period was.
Attempted Second-Degree Murder
Attempted second-degree murder includes all other types of attempted murder that do not involve deliberation and premeditation. Usually, this offense involves an intentional act that was not planned ahead of time, for example, an impulsive act that occurred in the heat of passion.
In California, How Many Years Do You Get for Attempted Murder?
If a defendant is convicted of attempted first-degree murder, they may face life in California state prison without the possibility of parole. In addition, if the victim was a peace officer or a firefighter who was engaged in their job duties at the time or other type of protected person, the defendant must serve a mandatory minimum of 15 years before they will be considered for parole.
In California, if a defendant is convicted of attempted second-degree murder, they may face five, seven, or nine years in a state prison. With both of these offenses, the prosecution must show that the defendant had the specific intent to kill the victim as well as that the defendant took a specific step towards committing murder that was beyond mere planning or preparation, even if that plan was abandoned or the victim was not harmed.
There may also be other types of enhancements that can affect the sentence a defendant receives. Whether or not the attempted murder was deliberate, premeditated, or willful can be the difference between first and second-degree attempted murder charges.
If the defendant used a firearm, they may face an additional 10 years for its use, 20 years if they fired it, and 25 years to life if using it caused great bodily injury. If the offense was gang-related, a defendant may face a 15-year-to-life enhancement.
It is important to note that both of these crimes are considered to be violent felonies. This means that they will result in a strike on a defendant’s record under California’s Three-Strikes Law if they are convicted.
There may also be other criminal penalties, including a $10,000 criminal fine, a lifetime ban on owning firearms, and mandatory victim restitution payments.
Defenses To Attempted Murder Charges
A defendant may have legal defenses available to attempted murder, including, but not limited to:
- Self-Defense: If the defendant was acting in defense of themselves, they did not have the required mental intent to kill another person.
- Lack of Intent: The defendant can argue that the prosecution did not prove this necessary element of the crime.
- Lack of a Substantial Step: The defendant can argue that the prosecution cannot demonstrate that a substantial step was made to commit the murder.
A California lawyer will be able to explain any available defenses as well as negotiate with the prosecution for a potential plea bargain.
Can You Remove Attempted Murder Charges From Your Criminal Record in California?
In California, expungement is generally not available for removing an attempted murder conviction from an individual’s criminal record because it is a serious violent felony. It may be possible to receive a Governor’s Pardon, but it is a complicated and difficult option.
Do I Need a California Lawyer if I Am Charged With Attempted Murder?
If you have been charged with attempted murder in California or have any questions about attempted murder in California, it is essential to reach out to a California criminal defense lawyer. Attempted murder charges are very serious and can affect every aspect of your life as well as your loved ones.
Your criminal defense lawyer can evaluate your situation and determine what defenses may be available to you and represent you in court. Get started today using LegalMatch’s free attorney-matching services to find a licensed and prescreened California criminal defense attorney who can help you with your attempted murder charges.
