California Penal Code 664/187 – Attempted Murder Laws, Penalties, and Defenses

California Penal Code 664/187 defines the crime of attempted murder, one of the most serious charges in the state's criminal justice system.

Even when no one is killed, prosecutors can pursue life-altering penalties if they believe you intended to take another person's life. Attempted murder combines two legal principles:

• Penal Code 664 – attempt (an incomplete crime)

• Penal Code 187 – murder

Together, they create a charge that focuses not on the outcome, but on intent and action. Because of the severe consequences, understanding how this law works—and how to defend against it—is critical.

If you are under investigation or charged with attempted murder, early legal intervention can significantly impact your case.

Your best chance for a positive outcome is to work with a skilled California criminal defense attorney at Esfandi Law Group. To set up a free consultation, feel free to call us at (310) 274-6529 or reach out through our contact form here.

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Legal Definition of Attempted Murder Under California Law

Under California law, attempted murder occurs when:

• you specifically intended to kill another person, and

• you took a direct step toward committing that killing

Unlike other homicide-related offenses, attempted murder requires proof of a deliberate intent to kill. Reckless behavior or negligence alone is not enough.

This is a key distinction from murder charges, where intent can sometimes be implied under theories such as implied malice or the felony murder rule.

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Key Elements Prosecutors Must Prove

To secure a conviction, the prosecution must prove beyond a reasonable doubt:

• you had the specific intent to kill

• you took a direct and substantial step toward committing the قتل

• your actions went beyond planning or preparation

• you did not act in lawful self-defense or defense of others

If either intent or a direct step cannot be proven, the attempted murder charge cannot stand.

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Specific Intent to Kill

Intent is the most important element in any attempted murder case.

Prosecutors must show that:

• you intended to cause death—not just injury

• your actions were purposeful and directed toward killing

• your conduct was not accidental, reckless, or negligent

This element often becomes the central focus of the defense.

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What Is a “Direct Step”?

A direct step is an action that clearly shows movement toward committing a killing.

Examples include:

• firing a weapon at another person

• stabbing or attempting to stab someone

• hiring someone to carry out a killing

• taking action that would have resulted in death if not interrupted

In contrast, the following are generally not enough:

• planning or discussing the act

• purchasing a weapon

• researching or surveilling a victim

The law requires conduct that goes beyond preparation and demonstrates execution.

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The “Kill Zone” Theory Explained

California recognizes the “kill zone” theory, which expands liability in certain situations.

This applies when:

• a defendant intends to kill one specific target

• but uses a method that endangers multiple people

Examples include:

• firing into a crowd

• planting an explosive device in a populated area

In these cases, prosecutors may file multiple counts of attempted murder because others were placed at risk.

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Examples of Attempted Murder

Understanding how California Penal Code 664/187 is applied in real-world situations can help clarify what conduct may lead to charges. The key factors in every case are intent to kill and taking a direct step toward that goal.

Below are common examples with explanations:

Shooting at a Person but Missing

A person fires a gun directly at another individual during an argument, but the victim is not hit.

Even though no injury occurs, this can be charged as attempted murder because:

• the act (shooting) is a direct step
• the intent to kill can be inferred from aiming and firing the weapon

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Stabbing Attempt During a Fight

During a physical altercation, one person swings a knife at another but fails to make contact.

This may qualify as attempted murder if prosecutors can show:

• the person intended to kill, not just injure
• the use of a knife in a targeted manner demonstrates lethal intent

If intent cannot be proven, the charge may be reduced to assault with a deadly weapon.

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Hiring a Hitman

A person pays or attempts to pay someone to kill another individual.

This is a classic example of attempted murder because:

• arranging the قتل shows clear intent to kill
• payment or agreement constitutes a direct step beyond planning

Even if the killing never occurs, the crime is complete.

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Shooting Into a Crowd (Kill Zone Theory)

A person fires multiple shots into a crowded area intending to kill one specific individual.

Under the “kill zone” theory:

• prosecutors may charge multiple counts of attempted murder
• others in the area are considered at risk of death

This significantly increases potential penalties.

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Poisoning Attempt

A person secretly places poison in someone's food, but the victim does not consume it.

This can be charged as attempted murder because:

• poisoning is a direct step toward killing
• intent can be inferred from the nature of the act

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Strangulation or Suffocation Attempt

A person attempts to choke another individual during a violent incident but is stopped before death occurs.

This may support attempted murder charges if:

• the act was capable of causing death
• evidence shows intent to kill rather than merely restrain

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Drive-By Shooting

An individual fires a weapon from a vehicle at another person but misses.

This is commonly charged as attempted murder because:

• firing a gun at someone is a direct step
• intent to kill is often inferred from the act

Additional charges and enhancements may also apply.

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When Conduct May Not Qualify as Attempted Murder

Not every violent act rises to attempted murder. Examples that may lead to lesser charges include:

• punching or fighting without intent to kill
• reckless behavior without deliberate intent
• threats without action
• preparation without a direct step

In these situations, charges may be reduced to offenses such as California Penal Code 245(a)(1) or other assault-related crimes.

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Key Takeaway

The difference between attempted murder and lesser charges often comes down to one issue: intent.

Prosecutors must prove:

• you intended to kill, and
• you took a direct step toward doing so

If either element is weak or unsupported, a strong defense can result in reduced charges or dismissal.

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First-Degree vs. Second-Degree Attempted Murder

Attempted murder is divided into two categories:

Attempted First-Degree Murder

• involves willful, deliberate, and premeditated intent

• punishable by life in state prison

Attempted Second-Degree Murder

• involves intent to kill without premeditation

• punishable by 5, 7, or 9 years in state prison

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Additional Punishments and Enhancements for Attempted Murder (PC 664/187)

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Key Takeaways

• Enhancements can add decades—or even life sentences—on top of the base penalty.
• California Penal Code 664/187 cases often involve multiple enhancements stacked together.
• The presence of a firearm, injury, or gang involvement significantly increases exposure.
• Early legal strategy is critical to challenge or limit enhancements before sentencing.

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Common Legal Defenses to Attempted Murder

Defending against charges under California Penal Code 664/187 requires a focused strategy aimed at dismantling the prosecution's case—especially on the issues of intent and whether a true “direct step” occurred.

Because attempted murder carries life-altering penalties, even small weaknesses in the evidence can make a major difference.

Below are the most effective and commonly used legal defenses.

Lack of Specific Intent to Kill

Attempted murder always requires proof that you intended to kill—not merely injure.

A strong defense may show:

• your actions were reckless but not deliberate
• you intended to scare or harm, not kill
• there is no clear evidence of a plan or purpose to cause death

If intent cannot be proven, the charge may be reduced to offenses such as California Penal Code 245(a)(1).

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No Direct Step Toward Killing

The law requires more than preparation. Prosecutors must prove you took a direct and substantial step toward committing a killing.

A defense may argue:

• your actions were only planning or discussion
• no act occurred that would have resulted in death
• the conduct was too remote to qualify as an attempt

Without a direct step, the charge cannot stand.

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Self-Defense or Defense of Others

You have the right to use reasonable force to protect yourself or others from imminent harm.

This defense applies when:

• you reasonably believed you were in danger
• the force used was necessary under the circumstances

A successful self-defense claim can result in a complete dismissal. California law permits you to use a firearm in self-defense—but only under strict legal conditions. 

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Imperfect Self-Defense

Even if the force used was excessive or unreasonable, this defense may still apply.

It can:

• negate the required intent to kill
• reduce attempted murder to a lesser charge

This is often a critical fallback defense in serious cases.

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Mistaken Identity

Violent crimes are frequently based on:

• eyewitness testimony
• surveillance footage
• chaotic or fast-moving events

These factors can lead to misidentification. A defense attorney may challenge:

• unreliable witnesses
• poor lighting or visibility
• inconsistencies in identification

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False Allegations

Accusations may arise from:

• personal disputes
• retaliation
• exaggerated or fabricated claims

A strong defense will examine credibility, motives, and inconsistencies in the accuser's story.

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Insufficient Evidence

The prosecution must prove every element beyond a reasonable doubt.

A defense may highlight:

• lack of physical evidence
• conflicting witness statements
• absence of proof of intent
• present an alibi defense

If the evidence is weak, the case may be dismissed or reduced.

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Accidental Conduct

If the incident occurred by accident, without intent to kill, the charge does not apply.

Examples include:

• accidental discharge of a weapon
• unintended physical contact
• lack of control over the situation

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Illegal Search or Constitutional Violations

If evidence was obtained unlawfully, it may be excluded.

This includes situations where:

• police conducted an illegal search
• statements were obtained in violation of your rights

Suppressing key evidence can significantly weaken the prosecution's case.

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Strategic Defense Can Change the Outcome

Attempted murder cases are often overcharged based on assumptions about intent. A strong defense strategy focuses on:

• challenging intent
• disputing the existence of a direct step
• exposing weaknesses in the evidence

Because the stakes include life imprisonment and strike consequences, early and aggressive legal representation is critical to protecting your future.

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Frequently Asked Questions

Can I be charged with attempted murder if no one was injured?

Yes. Injury is not required. The charge is based on intent and actions taken toward killing.

What is the difference between attempted murder and assault?

Attempted murder requires intent to kill. Assault involves an attempt to use force but does not require intent to kill.

Is attempted murder a strike offense?

Yes. Attempted murder is considered a serious and violent felony and counts as a strike under California law.

Can attempted murder charges be reduced?

Yes. Depending on the evidence, charges may be reduced to assault with a deadly weapon or other lesser offenses.

Will I go to prison?

Attempted murder carries significant prison exposure, including life sentences. However, outcomes depend on the facts and defense strategy.

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Related Crimes to Attempted Murder with Descriptions

Charges under California Penal Code 664/187 are often filed alongside—or reduced to—other serious California offenses depending on the evidence, especially the ability to prove intent to kill.

Prosecutors frequently adjust charges based on whether they can establish specific intent, the level of force used, and the outcome of the incident.

Understanding these related crimes is critical because they often determine whether a case involves life exposure or a significantly reduced sentence.

California Penal Code 245(a)(1) – Assault with a Deadly Weapon

PC 245(a)(1) is one of the most common alternative charges when prosecutors cannot prove intent to kill. It applies when a weapon is used in a way that could cause serious injury. Unlike attempted murder, it does not require intent to kill—only intent to apply force.

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California Penal Code 245(a)(2) – Assault with a Firearm

Applies when a gun is used but there is insufficient evidence of intent to kill. This is often charged alongside or instead of attempted murder in shooting cases.

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California Penal Code 246 – Shooting at an Occupied Dwelling or Vehicle

This offense involves firing a weapon at a building, house, or occupied vehicle. It does not require intent to kill a specific person, making it a common fallback charge in shooting incidents.

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California Penal Code 422 – Criminal Threats

Applies when a person threatens to kill or seriously harm another, causing sustained fear. If no direct step toward carrying out the threat occurs, prosecutors may file this charge instead of attempted murder.

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California Penal Code 187 – Murder

PC 187 is charged when a death actually occurs. Attempted murder becomes murder if the victim does not survive the injuries.

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California Penal Code 664 – Attempt (General Attempt Statute)

This statute applies to incomplete crimes. While paired with murder in PC 664/187, it can also apply to attempted robbery, burglary, and other offenses.

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California Penal Code 203 – Mayhem

Involves intentionally causing permanent disfigurement or disability. It may be charged when severe injury occurs but intent to kill cannot be proven.

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California Penal Code 206 – Torture

Applies when someone inflicts severe pain for revenge, persuasion, or sadistic purposes. Unlike attempted murder, the focus is on pain—not death—but penalties are similarly severe.

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California Penal Code 273.5 – Domestic Violence (Corporal Injury)

In domestic violence cases involving serious injury, prosecutors may file attempted murder if intent to kill is alleged—or reduce it to this charge if intent cannot be proven.

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Why These Related Charges Matter

In many cases, the difference between attempted murder and a related offense comes down to one issue: intent.

For example:

• if intent to kill is proven → attempted murder
• if intent to injure is proven → assault with a deadly weapon
• if only threats are proven → criminal threats

Because of this, a strong defense strategy focuses on challenging intent and pushing for reduced charges when appropriate.

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Speak With a California Criminal Defense Attorney

Attempted murder charges carry some of the most severe penalties under California law. A conviction can result in life in prison, strike consequences, and permanent damage to your future.

Early legal intervention can:

• challenge the prosecution's evidence

• prevent overcharging

• reduce or dismiss charges

• build a strong defense strategy

If you are under investigation or charged with attempted murder under Penal Code 664/187, contact an experienced California criminal defense attorney immediately to protect your rights and your future.

Esfandi Law Group is available to assist. Please schedule your complimentary consultation by calling (310) 274-6529 or by utilizing the contact form provided here.  

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