California Penal Code Section 664

Definition

Attempted Murder under California Penal Code Section 664, is a criminal offense and it is normally filed as either a felony, which usually warrants life in prison. Attempted Murder is when  anyone plans to kill someone, they go a step further to execute this plan of murder, and the plan failed for whatever reason. 

Example

Someone shoots at someone with the intent to kill them, but missed. When the shooting was  premeditated to take their life, this makes it an attempted murder charge.

Elements of the Crime

In order to take an Attempted Murder CPC 664 case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant willfully tried to kill someone or a fetus

·         The person was not killed

·         The defendant planned to do so before carrying out the action

Punishments for CPC 664

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, and also an individual’s criminal history.

When found guilty of Attempted Murder, it is usually filed as either a  misdemeanor or felony and this includes:

• 1^ST  Degree Attempted Murder – Life imprisonment with chances of a parole
• 2^ND Degree Attempted Murder – 5,7/9 years in the California State Prison

The judge may also revoke firearm rights, increase fines to $10,000, and order the defendant to compensate the victim.

Additional fines may be placed for attempted murder on an executive officer.

Legal Defenses for California Penal Code 664

A good lawyer can present many legal and valid defenses for Attempted Murder charges under California Penal Code 664 to prove someone’s innocence. McGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Attempted Murder. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Attempted Murder.

Learn more about other California Section Penal Codes here.