Attempted Murder PC 664/187(a) 

Attempted murder in California means you had the intention to kill, took an act towards killing, but your actions didn’t result in a completed murder. So, put bluntly, California Penal Code 664 applies to trying but failing to kill another person. To be convicted of this crime, the prosecution will have to prove two elements that are explained more below:

Intent to Kill

In California, attempted murder is a specific intent crime. That means that you can’t be convicted of attempted murder unless you had the intent to kill.

For example, imagine you are taking a walk outdoors and unintentionally bump another walker into oncoming traffic. You can’t be convicted of attempted murder. You had no malicious intent – rather, bumping into the other walker was an unintended accident. 

On the other hand, intent to kill doesn’t mean you had to intend to kill one particular person.

Using the same example, imagine on your walk to spot a group of friends standing on the sidewalk. With the intention to kill, you push the entire group of friends into traffic.

You don’t have to have one primary target in order to be charged with attempted murder. You pushed the group into the road intending to kill at least one person, which is sufficient for intent.

Kill Zone Theory

And, the intent requirement won’t always protect you from being convicted of attempted murder for someone who wasn’t your intended victim. California uses the “kill zone theory”, which means that the prosecution can sometimes infer that the defendant intended to kill everyone in the intended victim’s vicinity in order to make sure the victim was killed.

In our example, imagine that while you are on your walk, you see the same group of friends. One of those friends is your enemy, and you intend to kill them. You place a bomb at their feet, walk away, and detonate the bomb, intending to kill your enemy. The other friends standing in a group with your enemy would likely be considered in the “kill zone.” 

Direct Step

To be convicted of attempted murder, the prosecution must prove beyond a reasonable doubt that you acted on a plan to murder the victim. A direct step is more than just daydreaming about committing a murder and even more than planning a murder. You have to have put the plan into motion.

For example, writing in your diary before your walk about pushing an enemy into oncoming traffic would not be a direct step. But pushing the enemy into traffic would.

California law allows for defendants to raise several types of defenses for attempted murder charges. But it may not be immediately apparent to you which defense gives you the best chance of success. The rest of this section will explore the available defenses. However, to choose the best route, you should speak with a criminal defense attorney about the specific facts of your case.

No Specific Intent to Kill

As discussed above, attempted murder is a specific intent crime. That sets it apart from many other crimes in California. As such, the prosecution has to prove you intended to kill. Your attorney may argue on your behalf that you intended only to scare someone (which could be assault) or that you only attempted to hurt them. If the prosecution can’t show that you intended to kill the victim, you can’t be convicted.

For example, imagine you were taking a walk and saw your enemy. You decide to push them down in the mud to embarrass them. But, when you push them, they accidentally roll into traffic. You would raise the defense that you didn’t intend to kill them.

No Direct Step

In other cases, you may be able to prove that you took no direct step toward attempting to take another person’s life. This might depend on when you were caught.

For example, imagine that you carefully plan out a murder. You decide the murder will take place on your walk this afternoon, you pick out a weapon, and you write about it in your journal. You decide you will kill the first person that you see on your walk. However,  before you leave from your walk, you are arrested. You would likely raise the defense that you haven’t taken a direct step toward the murder. 

Self-Defense

If someone intends to harm you, you may have taken harsh measures to protect yourself from bodily harm. For example, someone may have threatened your life with a deadly weapon, and you may have responded in any way that led to an arrest for attempted murder.

Proving self-defense can help you avoid severe penalties that significantly impact your life. Talk to your attorney about proving you were acting in self-defense and would not have harmed another person in any other situation.

Misidentification or False Accusation

Some cases of attempted murder charges are simply cases of mistaken identity. You may have been wrongfully pointed to as the person who committed and attempted murder because you look similar. In sudden violent attacks, the victim may not have gotten a good look at their attacker.

In these cases, you may have been close to the crime scene and picked up by a police officer. Then, you were wrongfully identified by a victim who has just been through a traumatic event and may not have the clearest memory of who harmed them.

Similarly, in some cases, you may have simply been falsely accused of the crime. Talk to your lawyer about proving you could not have been the person involved in the crime either because you were misidentified or falsely accused.