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

An allegation of attempted murder under California Penal Code 664/187 PC is one of the most severe and urgent criminal accusations an individual can face within the state's judicial system.

These life-altering cases typically originate from fast-moving, emotionally charged, or chaotic events—such as severe physical altercations, domestic disputes, road rage encounters, or accidental firearm discharges—that law enforcement rapidly reclassifies as premeditated acts of violence.

Many people are stunned to learn that you can face life imprisonment even if the alleged victim did not suffer a single scratch, bruise, or physical injury.

Because the statutory framework pairs Penal Code 664 (the law governing incomplete, attempted crimes) with Penal Code 187 (California’s murder statute), the prosecution's entire case rests not on the physical outcome of the event, but on your alleged state of mind and the actions you took.

Legal Definition of Attempted Murder

California law establishes a strict boundary between reckless behavior, an intent to injure, and a true attempt to take a human life. The integration of the attempt statute and the murder statute within the California Penal Code establishes the following legal definition:

Penal Code 664. Every person who attempts to commit any crime, but fails in the perpetration thereof, or is intercepted or prevented in the execution thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows...

Penal Code 187. Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

Combined, a conviction under PC 664/187 requires the state to prove that you harbored express malice—meaning a deliberate, unambiguous intention to permanently end another person's life—and executed a physical action toward achieving that result.

What is a "Direct Step"?

To cross the legal threshold from merely thinking about a crime to attempting murder, you must take a direct step.

A direct step is a substantial, unambiguous physical action that goes completely beyond mere planning, preparation, or discussion.

It is an act that would have resulted in a completed murder had it not been interrupted by an outside force, a misfire, or a victim's evasion.

The "Kill Zone" Theory Explained

California courts recognize a highly controversial legal doctrine known as the "kill zone" theory.

This expands a defendant's criminal liability in situations where they utilize a lethal, indiscriminate method to target one specific person, but inherently endanger everyone in the immediate vicinity.

Common examples include opening fire into a crowded room, detonating an explosive, or executing a drive-by shooting toward a populated porch.
Under this theory, prosecutors can charge you with a separate, distinct count of attempted murder for every single person present in that zone, exponentially increasing your potential prison exposure.

Direct Breakdown: Elements of the Charge

To secure a conviction for attempted murder under PC 664/187, the prosecution must prove three core elements beyond a reasonable doubt:

Specific Intent to Kill: You acted with the explicit, purposeful intention of causing the death of another human being. Proof of an intent to scare, injure, maim, or act recklessly is legally insufficient.
Direct Step: You executed an overt, substantial physical action that went beyond preparation and directly advanced the execution of the killing.
Absence of Justification: Your actions were completely unlawful and were not committed in legitimate self-defense or the defense of another person.

Strategic List of Penalties and Enhancements

The consequences of an attempted murder conviction are fundamentally dictated by whether the act was planned in advance or occurred in the heat of passion.

First-Degree Attempted Murder (Premeditated): If the state proves the attempt was willful, deliberate, and premeditated, it is a felony carrying a base sentence of Life in state prison with the possibility of parole. You must serve a minimum of 7 to 15 years before becoming eligible for release.
Second-Degree Attempted Murder (Non-Premeditated): If the intent to kill was formed suddenly without prior reflection, it is a felony punishable by a determinate state prison sentence of 5, 7, or 9 years.
The 10-20-Life Firearm Enhancement (PC 12022.53): If a firearm is involved, California law mandates severe, consecutive prison terms that a judge cannot reduce:
- Personal use of a gun: Adds a mandatory 10 years to your sentence.
- Intentionally discharging the gun: Adds a mandatory 20 years to your sentence.
- Discharging the gun and causing Great Bodily Injury or death: Adds a mandatory 25 years to life to your sentence.
Great Bodily Injury Enhancement (PC 12022.7): If the assault causes significant, substantial physical trauma, the court must add an extra 3 to 6 years consecutively to the base sentence.
The Three Strikes Law Impact: Attempted murder is legally classified as both a serious and violent felony. A conviction triggers a permanent "Strike" on your record, meaning any future felony conviction will automatically double your sentence, and a subsequent third strike can trigger a mandatory 25 years to life term.

Hypothetical Attempt Murder Case Example

During a highly volatile verbal confrontation outside a nightclub in downtown Los Angeles, Marcus gets into a physical altercation with another patron. The patron strikes Marcus, knocking him to the ground, and begins walking away.

Enraged, Marcus stands up, pulls a registered handgun from his waistband, points it directly at the back of the retreating patron's head, and pulls the trigger.

The firearm mechanically malfunctions, jams, and fails to discharge. The patron runs inside and calls the police. Officers arrest Marcus, recover the jammed weapon, and the Los Angeles District Attorney charges him with First-Degree Attempted Murder under Penal Code 664/187 PC.

Marcus retains Esfandi Law Group. His defense attorneys immediately secure the nightclub's multi-angle exterior surveillance video and obtain cell phone recordings from bystanders.

The evidence reveals that while Marcus did point the weapon, the other patron had spent the previous twenty minutes loudly claiming affiliation with a violent street gang, flashing a concealed knife, and tracking Marcus to his vehicle.

Furthermore, a forensic ballistics expert retained by the defense proves that the firearm's mechanical defect rendered it completely incapable of firing in its current state, directly challenging Marcus's "present ability" and awareness of the weapon's state during the chaotic seconds.

Armed with this evidence of extreme provocation, Imperfect Self-Defense, and structural weaknesses regarding the premeditation element, Marcus's defense team successfully negotiates with the District Attorney before trial. The felony attempted murder charge is completely dropped, and Marcus pleads to a non-strike offense with no mandatory prison sentence.

Strategic Legal Defenses

An experienced defense attorney at the Esfandi Law Group can deploy several highly effective legal frameworks to expose reasonable doubt and dismantle an attempted murder charge:

Lack of Specific Intent to Kill: If your goal was strictly to terrify, intimidate, ward off, or cause non-lethal injury to an individual, you cannot be convicted of attempted murder. The charge must be reduced to a lesser offense like assault with a deadly weapon.
No Overt Direct Step: If your actions were confined entirely to planning, purchasing equipment, conducting online research, or engaging in hostile discussions, you have not crossed the legal boundary into a criminal attempt.
Complete Self-Defense or Defense of Others: California law fully justifies the use of lethal force if you possessed an honest and objectively reasonable belief that you or someone else faced an imminent threat of death or great bodily injury, and your response was proportional to that threat.
Imperfect Self-Defense: If you harbored an honest, actual belief that you were in imminent deadly danger, but that belief was objectively unreasonable under the circumstances, this defense negates the "malice" required for murder. This successfully drops an attempted murder charge down to attempted voluntary manslaughter.
Accidental Discharge or Conduct: If a weapon discharged purely by accident during a physical struggle or due to a mechanical defect without a conscious, deliberate choice to fire at a human target, the necessary criminal intent is entirely absent.
Mistaken Identity: Fast-moving altercations in poorly lit venues regularly result in chaotic, highly inaccurate eyewitness identifications and flawed police lineups.

Related California Laws

In cases involving incomplete acts of violence, prosecutors frequently evaluate or stack these related statutory sections:

Assault with a Deadly Weapon (Penal Code 245(a)(1) PC): Committing an assault utilizing an object or instrument capable of inflicting severe bodily trauma. This is a common alternative or lesser-included offense when the state cannot prove an intent to kill.
Assault with a Firearm (Penal Code 245(a)(2) PC): An assault executed specifically with a gun. It avoids the life-sentence exposure of attempted murder but still carries heavy felony penalties and weapon enhancements.
Shooting at an Occupied Dwelling or Vehicle (Penal Code 246 PC): Maliciously firing a gun into an inhabited house, building, or occupied vehicle. This statute does not require proof that you targeted a specific person.
Criminal Threats (Penal Code 422 PC): Willfully threatening to commit a crime that will result in death or great bodily injury, placing the victim in sustained, reasonable fear for their life.
Mayhem (Penal Code 203 PC): Unlawfully and maliciously depriving a human being of a member of their body, or disfiguring, disabling, or rendering it useless.

Related Legal Comparison Chart

The following chart outlines how California distinguishes between various high-stakes charges that are often filed alongside or instead of attempted murder:

Charge & Penal Code	Specific Intent Required	Key Legal Distinction	Typical Classification
Attempted Murder (PC 664/187)	Specific intent to kill a human being.	Overt direct step taken; no injury or contact is required to convict.	Felony (Strike Offense; up to Life in Prison)
Assault with a Deadly Weapon (PC 245(a)(1))	Intent to apply physical force.	Use of an object or force likely to cause Great Bodily Injury; no intent to kill needed.	Wobbler (Can be Misdemeanor or Felony Strike)
Shooting at Occupied Vehicle/Dwelling (PC 246)	Intent to discharge a firearm at a structure.	Firing at an inhabited target; no intent to kill a specific individual required.	Felony (Strike Offense; up to 7 years prison)
Criminal Threats (PC 422)	Intent to place someone in sustained fear.	Verbal, written, or electronic threat of death or GBI; no physical action required.	Wobbler (Can be Misdemeanor or Felony Strike)

Frequently Asked Questions (FAQs)

Can I be convicted of attempted murder if the other person was completely uninjured?

Yes. Physical contact, blood, and physical injuries are entirely irrelevant to a California Penal Code 664/187 PC charge. The statute focuses strictly on your underlying intent and the direct step you took toward executing a killing.

If you aim a loaded rifle at someone's chest from close range and fire, but they trip, and the bullet misses them completely, you are fully liable for attempted murder.

What is the primary difference between attempted murder and an assault with a deadly weapon charge?

The difference lies entirely in the specific intent of the defendant. To convict you of attempted murder, the prosecutor must prove beyond a reasonable doubt that your explicit goal was to end the victim's life.

For an assault with a deadly weapon charge under PC 245(a)(1), the prosecutor does not need to show an intent to kill or even an intent to injure; they only need to prove you intentionally committed an act with an object that was likely to result in force.

Is a conviction for attempted murder eligible for record expungement under California law?

No. In California, expungements under Penal Code 1203.4 are strictly limited to misdemeanors and specific non-violent felonies that resulted in probation rather than state prison terms.

Because attempted murder is classified as a violent felony that carries mandatory state prison or life sentences, a conviction cannot be expunged from your record. This makes aggressive pretrial defense vital.

Can a felony attempted murder charge be negotiated down to a lesser charge?

Yes. If your criminal defense attorney can expose flaws in the prosecution's evidence—such as demonstrating a lack of premeditation, highlighting inconsistent witness statements, or establishing a strong claim of imperfect self-defense—the prosecutor may agree to reduce the charge.

Attempted murder charges are frequently negotiated down to assault with a firearm, assault with a deadly weapon, or attempted voluntary manslaughter to avoid a lengthy trial.

How does the "Kill Zone" theory affect my case if there were bystanders present?

If you allegedly targeted a specific individual but used a highly destructive or indiscriminate method—such as firing multiple rounds into a vehicle or a crowded room—the prosecution can argue you created a "kill zone."

Under this doctrine, the DA can file a separate count of attempted murder for every single bystander who was within the zone of danger, even if you never looked at them or intended to harm them specifically.

Why must I retain a defense lawyer immediately after an arrest rather than waiting for court?

The period between your initial arrest and your formal arraignment hearing is the most critical window in your case. This is when the police present their reports to the District Attorney's filing unit.

An experienced defense lawyer can immediately initiate a pre-filing intervention—presenting exculpatory evidence, alibis, or proof of self-defense directly to the filing prosecutor—which can convince the state to reject the attempted murder charge entirely or file vastly reduced charges before you ever step foot into a courtroom.

Get Legal Representation

The State of California and local Los Angeles County prosecutors investigate and pursue these offenses with immense resources, frequently "stacking" severe sentence enhancements to force a defendant into a devastating plea bargain.

However, an arrest is not a final verdict. At Esfandi Law Group, our criminal defense team brings over two decades of dedicated trial experience to dismantling overzealous prosecutions. We intervene early to preserve critical evidence, challenge law enforcement assumptions, and protect your freedom.

An accusation of attempted murder is a catastrophic event that threatens to permanently strip away your civil liberties, your career, and your future. Facing the full power of California's prosecutors requires an aggressive, sophisticated defense that refuses to back down.

The criminal defense team at Esfandi Law Group handles these complex, high-stakes cases with absolute precision. We know how to expose police overreach, challenge unconstitutional searches, and dismantle weak circumstantial evidence.

We are dedicated to ensuring you are not defined by an unfair accusation or a one-sided police investigation. Contact us for a free case review.

Attempted Murder