Attempted Murder Sentence – What Is a Defendant Facing?

Understanding Attempted Murder Charges in California

California defines attempted murder under Penal Code 664/187 as an act where you specifically intend to kill another person and take a direct step toward that result. “Direct step” means more than planning or preparing. Loading a gun and firing it, stabbing but missing vital organs, or setting a trap, all qualify. The key is the clear intent to kill. Injury is not required; the law focuses on what you tried to do, not what actually happened.

How Attempted Murder Differs from Completed Murder?

The legal difference lies only in the outcome. A completed murder ends in death; an attempted murder does not. But do not assume the punishment is light. Prosecutors view an attempt as almost as grave as the finished act because the intent to kill remains the same. For that reason, an attempted murder sentence can run close to the term for second-degree murder, especially when aggravating factors apply.

Sentencing for Attempted Homicide

California Sentencing Guidelines for Attempted Murder

California splits attempted murder into two degrees. First-degree attempted murder (which carried out willfully, deliberately, and premeditated) carries life in prison with the possibility of parole after serving a minimum of seven years in state prison. Release on parole is never a guarantee. A conviction for second-degree attempted murder with no premeditation carries five, seven, or nine years. These ranges form the base sentencing for attempted homicide; courts add significant time for gun use, gang involvement, or injury, commonly referred to as “enhancements.”

Factors That Influence Sentencing Outcomes

Several facts shape the final term:

1. Premeditation – Planning pushes a case into first degree.

2. Weapon used – Firearm use adds 10, 20, or 25 to life, depending on whether shots were fired and the extent of the injury that occurred.

3. Special victim status – Police, firefighters, and certain public officials trigger longer minimums.

4. Criminal history – Prior strikes can double or triple the sentence.

A skilled Los Angeles criminal defense lawyer reviews each detail to see where the prosecution’s version can be challenged.

Enhancements and Aggravating Factors

Enhancements add up fast. A gang allegation can add 15 years to life, significant bodily injury adds another three to six years, and personal firearm discharge can tack on decades. Judges also weigh aggravating factors such as multiple victims or vulnerable targets. These factors often go beyond the basic attempted murder sentence and become the main battleground at sentencing.

Legal Defenses Against Attempted Murder Charges

Lack of Intent to Kill

Intent is the heart of the charge. If the act was reckless, impulsive, or aimed to scare rather than kill, the crime may fall under assault with a deadly weapon or attempted manslaughter. Texts, videos, or witness statements can support a narrative that points to something less than a willful plan to end a life.

Self-Defense and Defense of Others

California allows you to use deadly force if you reasonably believe it is necessary to stop imminent harm to yourself or another. If you acted under that belief, even if it later proves mistaken, you may have a complete defense. Evidence of threats, past violence, or the victim’s weapon strengthens this claim.

Issues with Evidence and Procedure

Faulty eyewitness IDs, missing surveillance footage, or tainted forensic work can break the state’s case. Police must follow search-and-seizure rules; if they fail to do so, key evidence can be excluded. An experienced attorney digs into every report to uncover mistakes that undercut sentencing for attempted homicide.

Why Choose DCD LAW for Your Defense?

Experience in Handling Complex Attempted Murder Cases

DCD LAW has defended countless first-degree and second-degree attempts ranging from shootings to domestic disputes. We know how detectives build timelines and how prosecutors argue intent. That insight enables us to identify weak links quickly.

Aggressive Defense Strategy Focused on Results

We act quickly, pressing for dismissal at the preliminary hearing, filing motions to strike enhancements, and negotiating charge reductions when evidence is thin. When trial is the best path, we prepare every witness and piece of proof to counter the state’s theory head-on.

Client-Focused and Compassionate Legal Support

An attempted murder sentence threatens everything: freedom, family, and future. DCD LAW keeps lines of communication open, explains options clearly, and guides you at every step. With a dedicated Los Angeles criminal defense lawyer beside you, you never face court alone.