Attempted murder carries severe penalties in California. The law treats an attempt to take someone’s life as a serious offense, even if the person who was attacked survives. Understanding the penalties helps you grasp the legal consequences of this crime.
How California defines attempted murder
California Penal Code 664/187 defines attempted murder as an intentional act to kill another person with a direct but unsuccessful effort. Prosecutors must prove intent to kill and a direct step toward committing the crime. Courts classify attempted murder into first-degree and second-degree charges.
Penalties for first-degree attempted murder
First-degree attempted murder involves premeditation and deliberate intent. A conviction results in a life sentence with the possibility of parole. If the person attacked is a peace officer, firefighter, or other protected individual, the minimum sentence increases to 15 years to life. Additional penalties may include heavy fines and mandatory restitution.
Penalties for second-degree attempted murder
Second-degree attempted murder lacks premeditation but still involves intent to kill. A conviction leads to a prison sentence of five, seven, or nine years. Judges may impose additional fines and restitution, depending on the circumstances.
Sentence enhancements for attempted murder
Certain factors increase the penalties for attempted murder. Using a firearm adds 10, 20, or 25 years to life, depending on whether the weapon was used, fired, or caused injury. If the crime involved gang activity, California’s gang enhancement laws impose additional prison time. Prior convictions and other aggravating factors also lead to longer sentences.
California enforces strict penalties for attempted murder
The state punishes attempted murder harshly due to the intent behind the crime. A conviction results in lengthy prison time, heavy fines, and long-term consequences.