In California, you could face serious legal penalties for a crime you never committed.

According to Penal Code Sections 21(a) and 664, attempting to commit a crime is a separate offense that can result in substantial prison sentences and fines.

The state can still prosecute you if they think you took a "direct step" toward breaking the law, even if you were interrupted, panicked, or changed your mind.

If you or a loved one is facing charges in Los Angeles County, knowing how prosecutors define an attempt—and how a skilled defense lawyer can challenge it—is crucial for safeguarding your freedom.

The Esfandi Law Group can help you. Schedule your free consultation at (310) 274-6529 or use the contact form.

PC 664 Quick Reference Chart

Element / Category	Legal Standard & Application
Statutory Function	Prescribes the penalties for attempting to commit any crime where no other express provision is made by law.
Required Elements (CALCRIM 460)	1. Specific Intent to commit the underlying crime. 2. A Direct Step (overt act) taken toward its completion that fell short.
Standard Felony/Misdemeanor Penalty	One-half (50%) of the state prison or county jail sentence is normally required for the completed offense.
Standard Fine Penalty	One-half (50%) of the maximum fine amount allocated for the completed offense.
Underlying Life/Death Offenses	If the completed crime carries a life sentence or the death penalty, the attempt is generally punishable by 5, 7, or 9 years in state prison.
Premeditated Attempted Murder	Punishable by Life imprisonment with the possibility of parole (minimum 7 years, or 15 years if the victim is a peace officer/firefighter).
Key Legal Distinctions	* Preparation vs. Execution: Planning, purchasing tools, or discussion is not a crime under PC 664. The act must be an immediate step that puts the plan into motion. * Abandonment: Interruption by an outside force or a late change of heart after a direct step is taken does not erase the attempt charge.
Common Target Offenses	Robbery (PC 211), Burglary (PC 459), Grand Theft (PC 484), Arson (PC 455), and Kidnapping (PC 207).

What is an Attempted Crime Under California Law?

California Penal Code 21(a) provides the legal foundation for all attempt crimes. To secure a conviction, a prosecutor must prove two distinct elements beyond a reasonable doubt (as outlined in the CALCRIM 460 jury instructions):

1. Specific Intent: You specifically intended to commit a particular underlying crime.

2. Direct Step: You made a straightforward but ultimately ineffective move toward committing that crime.

Important Note: PC 21(a) covers general attempt crimes, but attempted murder is treated differently through a combination of Penal Code 664 and Penal Code 187.

Defining a "Direct Step" vs. Mere Preparation

A common point of confusion is understanding what counts as a "direct step." Under California law, a direct step, also known as an act in furtherance, involves more than just planning or preparing.

• What it is NOT: Talking about a plan, creating a checklist, or purchasing tools to commit a crime generally isn't considered a direct step.

• What it IS: A direct step refers to a clear action that immediately advances the plan. It is a significant move that clearly shows an immediate intention to complete the crime.

Example of Attempted Burglary

Imagine planning to burglarize a home (Penal Code 459). You approach the house and start trying to break open the front door.

A neighbor sees you and shouts, which causes you to panic and run off. Since you directly attempted to force entry, you can be charged with PC 664/459 Attempted Burglary, even if you never entered the house or took anything.

Example of Attempted Robbery

Under California law, PC 664/211 Attempted Robbery occurs when someone plans to take property by force or intimidation, takes a direct action toward doing so, but does not succeed in completing the theft.

The Scenario:

An individual approaches someone at an ATM, brandishes a replica firearm, and demands cash. Before the victim can comply, a security guard nearby intervenes and tackles the perpetrator, or the victim successfully escapes into a busy store.

Why this is Attempted Robbery:

1. Specific Intent: The individual clearly aimed to commit a robbery, as shown by approaching the victim at the ATM and demanding money.

2. Direct Step: Pointing the weapon and demanding the money go well beyond just planning or preparation; it is a clear act that quickly sets the plan into action.

3. Ineffective Completion: Since the security guard intervened or the victim managed to escape, the theft was never fully completed.

Since a direct action was taken with the specific intention to rob the victim, the individual may be charged under PC 664/211 even if they didn't succeed in getting any money or property.

Common Attempted Crimes in California

An attempt charge can be applied to nearly any felony or misdemeanor in California. Common attempt crimes that are frequently prosecuted include:

Code Section	Charge
PC 664/187	Attempted Murder
PC 664/459	Attempted Burglary
PC 664/211	Attempted Robbery
PC 664/261	Attempted Rape
PC 518	Attempted Extortion
PC 664/207	Attempted Kidnapping
PC 664/455	Attempted Arson
VC 664/10851	Attempted Vehicle Theft

Penalties for Attempted Crimes: Penal Code 664

How are attempted crimes punished? According to Penal Code 664, the penalties vary based on the specific crime you are accused of attempting to commit.

Depending on the offense, an attempt may be prosecuted as either a misdemeanor or a felony. In most cases, the penalty for an attempt is typically half of the sentence and fines comparable to those of the completed crime.

• Standard Sentencing: If a completed felony results in a 4-year prison sentence and a $5,000 fine in California, then a conviction for an attempted version of that crime can lead to up to 2 years in prison and a $2,500 fine.

• Life Insurance/Severe Sentences: If the underlying crime is punishable by life imprisonment or the death penalty, the attempt charge usually results in up to a 9-year prison term.

• Premeditated Attempted Murder: If convicted of intentionally attempting to murder a peace officer or firefighter, you could be sentenced to life imprisonment, with the chance for parole after 15 years.

Legal Defenses Against Attempt Charges

Facing an attempt charge can be daunting, but since the prosecution must establish your intent, these cases can be challenged successfully. Skilled criminal defense lawyers usually employ the following strategies:

Lack of Specific Intent

The prosecution needs to establish precisely what you were thinking during the incident. If your defense attorney can create reasonable doubt about whether you truly intended to commit the specific crime, you cannot be found guilty of an attempt.

Lack of a Direct Step (Mere Preparation)

If your actions never advanced beyond planning or preparation, you are not guilty of an attempt. Showing that your conduct was not a direct, overt act aimed at committing the crime offers a strong defense.

Abandonment

If you willingly and voluntarily abandon the crime before taking any direct action toward its completion, you might have a valid defense against an attempt charge.

Frequently Asked Questions

Can I be charged with an attempt if I changed my mind?

Yes. You can still be charged and convicted if you took a direct step toward committing the crime, even if you later abandoned the effort because of an interruption or change of heart. However, if you stopped the plan before taking a direct step, you might not be guilty of an attempt.

Is an attempted crime a felony or a misdemeanor?

The treatment of an attempt depends on the underlying crime. If the completed crime is a "wobbler" (an offense that can be classified as either a misdemeanor or a felony) or a straight felony, it will be handled accordingly, typically resulting in half the jail time of the full offense.

How does the prosecution prove "intent"?

Since prosecutors cannot read your mind, they depend on circumstantial evidence. This may consist of your statements, digital communications, text messages, the tools you have, or your clear actions before the event.

Speak with a Los Angeles Criminal Defense Lawyer

An attempt charge can have severe, life-changing effects. If you are being investigated or charged under Penal Code 21(a) or 664, it is crucial to seek assertive legal help right away.

The legal team at the Esfandi Law Group has a proven track record of successfully defending individuals against complex criminal charges across Southern California. We will thoroughly examine the evidence to challenge the prosecution's claims of intent and direct action.

Contact us today for a free, confidential case consultation.

• Office Location: 2525 Century Park E., Suite #2525, Los Angeles, CA 90067

• Phone Number: (310) 274-6529