Despite the unsuccessful outcome of an attempt on another’s life, the perpetrator remains liable to face legal repercussions, as the gravity of this criminal offense cannot be overlooked. Prosecution can be pursued against individuals who engage in these actions.

Within the legal system, there is an acknowledgement of the immense danger and harm inherent in attempting to end someone's life. Consequently, being accused of attempted murder is a grave matter. The charges carry potential profound implications for the accused in legal, emotional, social, and professional spheres, irrespective of the ultimate judicial verdict. Despite this, the principles of justice remain. Individuals facing criminal accusations are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

You stand a better chance of fighting the charges and safeguarding your rights with the assistance of an experienced defense team. The California Criminal Lawyer Group is ready to offer legal aid if you or a loved one is facing attempted murder charges in Fresno. 

Attempted Murder Under California Law

Attempted murder is a criminal offense. It occurs when someone takes actions intending to kill another person, but the attempt is unsuccessful. It involves a deliberate and premeditated act of trying to cause someone's death, but the victim survives the attack for some reason.

In California’s legal framework, attempted murder constitutes an offense governed by two distinct statutes: PC 664 and PC 187(a).

PC 664 addresses various criminal acts, including murder. Specifically, this statute addresses situations where an individual consciously and purposefully engages in actions to perpetrate a crime. However, he/she fails to accomplish the offense. In the context of attempted murder, the application of PC 664 arises when an individual deliberately and concertedly tries to kill another person without achieving the desired outcome of causing the victim's death.

In contrast, PC 187(a) addresses murder itself. It is invoked when the act of killing is successfully carried out, resulting in the tragic loss of the victim's life.

Consequently, when addressing attempted murder in California, it falls under PC 664/187(a).

Under this provision, certain elements should be established for the jury to find you guilty of attempted murder. The state must prove the following:

  • Direct, purposeful action — You must have taken steps aimed at causing the death of another person. However, despite this attempt, you fail to murder the victim due to factors beyond your control. These factors include intervention or unforeseen circumstances.
  • Specific intent — This intent is commonly known as "malice aforethought." It is the specific intent to kill a targeted individual. This requires the prosecution to demonstrate that you possessed the deliberate and conscious purpose of causing the person's death, leaving no doubt about your lethal intention.

It is worth noting that a fetus is considered a person under California law. Consequently, any effort to cause the death of an unborn child is subject to prosecution as attempted murder, further underscoring the gravity of the offense.

These essential elements form the basis for prosecuting attempted murder cases. The prosecution must prove each of them beyond a reasonable doubt during trial proceedings. Let us look at each element in detail.

  1. Taking a Direct Step

A direct step goes beyond vague or general intentions to cause harm. It refers to tangible and significant actions that unequivocally demonstrate a clear intent to commit murder. The pivotal aspect of a direct step lies in its unambiguous move toward the ultimate goal of causing the victim's death.

Several actions can be considered direct steps in an attempted murder case, including but not limited to:

  • Pointing a loaded firearm at the victim and attempting to discharge it with the intent to end their life.
  • Strangling the victim in a deliberate attempt to cause their death.
  • Placing a bomb or explosive device intending to cause the victim's death when it detonates.
  • Administering a lethal dose of poison or a harmful substance to the victim, aiming to kill them.
  • Stabbing or shooting at someone to inflict fatal injuries. This demonstrates a clear intention to kill.

Each of these actions shows a direct step in an attempted murder case. They demonstrate overt and concrete moves toward achieving the desired outcome of causing the victim's death. Thus, these unambiguous actions help distinguish attempted murder from mere planning or preparation.

  1. The Intent to Kill

Mere intentions to maim or cause injury are deemed inadequate if there is an absence of a clear and unmistakable purpose to end another person's life. Thus, the prosecution must demonstrate beyond a reasonable doubt that the accused harbored a calculated and conscious resolve to deprive someone of their existence.

Interestingly, certain scenarios could unfold where the victim does not sustain injuries. In these instances, prosecutors often rely on the circumstances surrounding the incident to shed light on the defendant's intent. Providing evidence such as:

  • The use of deadly weapons.
  • Uttered threats.
  • How the attack unfolded, or
  • The accused's previous statements and conduct elucidate the intent to kill.

Moreover, when confronted with a situation wherein the offender shoots into a group of people, the focal point remains fixed on proving the intent to kill someone, not necessarily a specific individual. While a primary target could be the focus of the defendant’s intent, it is not always mandatory for the prosecution to pinpoint a precise victim in these situations. The pivotal consideration lies in substantiating the defendant's overall intent to inflict fatal harm on one or more individuals within the targeted group.

The Kill Zone Theory

California has embraced the "kill zone" theory of attempted murder liability when dealing with attempted murder cases. Within this theory, the defendant's objective is to target a specific individual for elimination. However, their actions risk significant harm to other unrelated individuals. Thus, such actions establish a dangerous zone where multiple victims could face severe jeopardy.

An illustrative instance of the "kill zone" theory is when a defendant strategically plants a bomb or explosive device in a location where they know the intended victim will be present. However, other individuals are in the area and likely near the target. By doing so, the defendant recklessly disregards the lives of those innocent third parties, potentially risking their lives.

Equally relevant is applying the "kill zone" theory when the defendant opens fire into a large crowd with the explicit intent to target a single victim. Yet, the manner of shooting deliberately gives rise to a foreseeable risk that many other individuals could suffer fatal harm or injuries. In such circumstances, the defendant's actions starkly display an utter lack of concern for the well-being of others within the crowd.

Individuals facing attempted murder under the kill-zone theory will likely face additional charges, namely:

  • Penal Code 246 violation charges — These charges relate to the willful discharge of firearms at inhabited dwellings, buildings, or occupied vehicles. This legal provision safeguards individuals and properties from the hazards of gunfire.
  • Penal Code 26100 violation charges — PC 26100 addresses drive-by shootings. According to this section, it is a crime to shoot at inhabited dwellings, buildings, or vehicles from a motor vehicle with the intent to inflict injury or death. This statute focuses on deterring and punishing drive-by shooters who jeopardize lives through reckless actions.

The kill-zone theory allows defendants to face attempted murder charges for all potential victims in the dangerous zone.

Fighting Attempted Murder Charges

Facing attempted murder is not a conviction on its own. Prosecutors must prove the allegations beyond a reasonable doubt. You have the opportunity, through your defense attorney, to challenge the charges through several defenses. The choice of the ideal defense strategy depends on which one is likely to result in the best legal outcome. Here is a look at some common defenses used in attempted murder cases.

  1. Self-Defense

Individuals have the lawful right to use reasonable force when defending themselves or others. Self-defense only applies if the individual holds a genuine and reasonable belief that imminent bodily harm is at hand.

In circumstances where a person holds a reasonable belief that they are about to face death, California law authorizes the use of deadly force as an act of self-defense or defense of others. Crucially, the validity of this belief hinges on its reasonableness. The defendant’s perception must be genuinely grounded and devoid of subjective or irrational elements. The threat faced must be immediate and present a significant risk to life.

Further reinforcing the right to self-defense, California case law and jury instructions endorse the "standing one's ground" principle. Individuals have no legal obligation to retreat or attempt to avoid confrontation before resorting to force to protect themselves from harm. This principle grants individuals the autonomy to act in self-defense without a duty to retreat, provided the threat is real and imminent.

You can show reasonable belief in the need to defend yourself or another by using any of the following evidence:

  • Your testimony.
  • Eyewitness testimony.
  • Physical evidence retrieved from the scene, including weapons used by the alleged victim.
  • Prior acts of violence by the alleged victim directed at you or another individual.
  • Surveillance footage.
  • 911 call records.
  • Expert testimony — You can rely on forensic or mental health professionals to provide their expertise. Their insights into your actions, state of mind, or threat level can support the self-defense claim.

  1. Lack of Specific Intent to Kill

Attempted murder is a crime with specific intent. This means prosecutors must prove you harbored the conscious and deliberate intent to end another person's life. Unless the prosecution can furnish evidence substantiating your intention to cause death, a viable attempted murder charge cannot be upheld.

However, in certain scenarios, alternative intentions could be apparent in your actions, such as:

  • Maiming the victim (mayhem, PC 203) — Mayhem is the unlawful and malicious deprivation of a body part or rendering it useless. It is a separate crime from attempted murder. If you directed your actions towards maiming the alleged victim rather than inducing their death, the attempted murder charge would not be appropriate.
  • Scaring the victim (assault, PC 240) or assault with a deadly Weapon - PC 245) — Assault, another distinct offense, involves intentionally creating a reasonable fear of imminent bodily harm in the victim's mind. Assault with a deadly weapon escalates to include the use of a lethal instrument. Should your intention center on instilling fear or causing harm without the specific intent to kill, attempted murder charges would not be warranted.

The burden falls squarely on the prosecution to establish your intent to kill beyond any reasonable doubt in an attempted murder case. Absent sufficient evidence substantiating the intent to cause death, the attempted murder charge cannot be sustained.

  1. You Did Not Take a Direct Step

In attempted murder cases, asserting that you did not take a direct action as a defense holds considerable weight. When you meticulously plan the murder, procure weapons, devise detailed strategies, and arrange body disposal but are apprehended before proceeding with the next phase, attempted murder cannot be deemed to have occurred. Similarly, if you meticulously prepare but decide against taking any direct action, the elements of attempted murder are not met.

The pivotal differentiating factor between attempted murder and mere preparation lies in the presence of a direct step toward executing the crime. Attempted murder charges hinge on you taking explicit and substantial actions that unambiguously reveal the intent to kill, despite the unsuccessful outcome.

Elaborate murder preparations could still culminate in serious criminal charges, like conspiracy to commit murder, possession of illegal weapons, and other related offenses. Although attempted murder could not apply, you could still face significant legal repercussions for your actions.

In certain scenarios, if you take a direct step towards the murder but later abandon the plan, your defense attorney could engage the prosecution in plea negotiations. The presentation of genuine remorse and regret for your actions during these discussions could be considered. This could lead to a reduced charge or sentence. Nevertheless, the final resolution hinges on various aspects, including the prosecutor's receptiveness to negotiation and the intricacies of the case.

  1. Mistaken Identity

In attempted murder cases, the possibility of mistaken identification as the culprit cannot be overlooked. Your attorney could assert that you had been wrongly identified as the perpetrator. Therefore, you had no involvement in the attempted murder. Under the "mistaken identity" defense, the contention is that another individual, often a third party, committed the crime, and you have been mistakenly implicated.

When using a mistaken identity defense, your legal counsel could skillfully present evidence and arguments to contest the accuracy and reliability of witness identifications or any other evidence linking you to the attempted murder. This could include the testimony of alibi witnesses attesting that you were absent from the crime scene and evidence demonstrating your innocence.

Eyewitness misidentification can arise due to diverse factors, including poor lighting, high-stress circumstances, or memory biases in witnesses. The defense could cross-examine eyewitnesses to expose potential inconsistencies or uncertainties in their testimony.

Additionally, mistaken identity defenses could require presenting evidence concerning alternative suspects or pointing to another individual who could have had a motive or opportunity to commit the crime.

The Fresno team at California Criminal Lawyer Group will conduct a meticulous investigation, gather pertinent evidence, and skillfully argue the prosecution's case. The primary aim is to introduce reasonable doubt in the jury's minds regarding your involvement in the attempted murder.

  1. You are a Victim of False Accusation

When facing false accusations in an attempted murder case, it becomes crucial to grasp the potential motives behind these allegations, allowing you to construct a robust defense and effectively challenge the charges leveled against you.

One potential reason for false accusations lies in mistaken identity. The accuser might genuinely believe they witnessed you at the crime scene or heard your name mentioned, but in reality, they could have misidentified you or confused you with someone else entirely.

Another possibility is a personal vendetta or grudge held by the accuser. Due to a history of conflict, jealousy, or animosity, they may seek to damage your reputation or exact revenge by making false claims against you.

Pressure from authorities is another factor that can lead to false accusations. The accuser might feel compelled to cooperate with law enforcement or other entities, and in doing so, they could be coerced into implicating you or providing false information.

Additionally, fear or intimidation can prompt false accusations. Fearing the actual perpetrator, the accuser might falsely accuse you of protecting themselves from harm or retaliation.

In some cases, mental health issues can contribute to false accusations. Delusions, hallucinations, or false memories could lead the accuser to genuinely believe that you were involved in the attempted murder when, in fact, their perception is distorted.

There are instances where individuals make false accusations for attention-seeking or manipulative purposes. Seeking attention, sympathy, or aiming to manipulate others for their benefit, they seize the opportunity presented by the situation to divert attention from their own actions.

Lastly, false accusations can emerge from misleading evidence or testimony provided by unreliable witnesses. These witnesses might inadvertently misrepresent the facts, leading to your wrongful implication in the attempted murder case.

You can challenge the case by asserting that you were falsely accused of attempting to kill another person.

Penalties if Convicted of Attempted Murder Charges

Attempted murder is a felony. However, the penalties upon conviction are half those imposed for murder. It is also worth noting that the specific penalties depend on whether you were convicted of attempted murder in the first or second degree.

Attempted Murder in the First Degree

When you deliberately, intentionally, and with premeditation attempt to commit murder but fail to cause the victim's death, it constitutes attempted first-degree murder. This offense is grave, and its penalties reflect the severity of the offense.

Attempted murder in the first degree is punishable by;

  • Life in prison, and
  • The possibility of parole — Parole boards determine parole during “lifer” proceedings after carefully evaluating the inmate's behavior, efforts at rehabilitation, and the potential risk to society should the inmate be granted parole.

Note: You will serve a mandatory 15-year sentence if the victim in your case was a protected individual. This includes:

  • Firefighters.
  • Police officers.
  • Peace officers, and
  • Other protected persons.

Attempted Murder in the Second Degree

Attempted second-degree murder involves any attempt to commit murder that falls short of meeting the criteria for first-degree murder. In other words, it lacks the element of deliberate and premeditated planning.

If found guilty of attempted second-degree murder, you will likely face 5, 7, or 9 years in prison.

Additional Penalties

  • Fines of up to $10,000.
  • Victim restitution fees.
  • Permanent loss of gun rights per PC 29800.
  • A strike per California’s Three Strike law.
  • Gang-enhancements — Per PC 186.22, any attempted murder in furtherance of gang activities will attract an additional sentence of 15 years to life in prison. This prison sentence is to be served consecutively with the penalties already issued by the judge.
  • Using a gun in an attempt on another’s life will result in gun-related penalty enhancements per PC 12022.53. These include:
    1. 10 years in prison for using a firearm.
    2. 20 years in prison for firing a gun.
    3. 25 years to life if another individual was killed because you used a gun. You will serve the same prison sentence if another person sustains great bodily injuries related to your use of a gun in the crime.

Contact a Criminal Defense Attorney Near Me

If you are facing an attempted murder case, contact a criminal defense attorney. The charges you are facing are severe and can lead to significant penalties. Thus, having a skilled attorney by your side is vital to safeguarding your rights and building a strong defense.

Find a reputable criminal defense attorney who has experience handling attempted murder cases. They will thoroughly examine the specific details of your case, navigate you through the complex legal process, and offer tailored advice on the most suitable course of action.

At the California Criminal Lawyer Group, we work with individuals facing charges for violent crimes like attempted murder in Fresno. Contact our team today at 559-712-8377 to book your initial consultation. We will gladly evaluate your case and prepare to defend your rights.