California Penal Code §664/187 — Attempted Murder
PC §§664/187 punishes anyone who takes a direct but ineffective step toward killing another person with the specific intent to kill. First-degree attempted murder carries life in state prison with the possibility of parole; second-degree carries 5, 7, or 9 years.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Attempted Murder Cases in All LA County Courts
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01 — Quick Facts
PC §664/187 — Attempted Murder at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §§664/187 — Attempted Murder |
| Code Type | Penal Code (PC) |
| Classification | Felony |
| Degrees | First-Degree (Premeditated) / Second-Degree |
| 1st Degree | Life in state prison with possibility of parole |
| 2nd Degree | 5, 7, or 9 years in state prison |
| Firearm Enhancement | PC §12022.53 — 10 / 20 / 25-to-life |
| Strike | Yes — serious and violent felony (PC §667.5(c)) |
| Probation | Not eligible |
| Expungeable | No |
| Immigration | Aggravated felony — mandatory deportation |
| Related Codes | PC §187 (Murder), PC §245 (ADW), PC §12022.53 |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §664/187?
What Is California Penal Code §664/187?
PC §664/187 Reads:
"Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished... Attempted murder is punishable by imprisonment in the state prison for life with the possibility of parole where the attempt was willful, deliberate and premeditated."
— California Penal Code §§664(a), 664(f) & 187(a)
Attempted murder combines the specific-intent-to-kill element of PC §187 with the general attempt statute PC §664. To secure a conviction, prosecutors must prove that the defendant intended to kill a specific person and took at least one direct — meaning more than mere planning — step toward doing so. Unlike completed murder, implied malice (conscious disregard for life) is not enough for attempted murder — the People must prove express malice, i.e. a specific intent to kill.
Direct Step vs. Preparation
California distinguishes between mere preparation (buying a gun, driving to a location, making a threat) and a direct step that unequivocally shows the crime is underway (pointing the loaded firearm and pulling the trigger, firing into an occupied room, stabbing at a vital area). Only a direct step supports an attempt charge.
First-Degree Attempted Murder
The attempt was willful, deliberate, and premeditated. Even brief reflection before firing can support first-degree. Life in prison with parole eligibility.
Second-Degree Attempted Murder
Intent to kill without premeditation — an impulsive attack or rash decision. Punishable by 5, 7, or 9 years in state prison.
Why This Law Matters
Attempted murder is one of the highest-exposure felonies in California, carrying life imprisonment when premeditation is alleged and mandatory firearm enhancements of 10, 20, or 25-to-life under PC §12022.53. It is a strike, is not probation eligible, and results in mandatory deportation for non-citizens. Rubin Law, P.C. defends attempted murder cases across LA County — including gang allegations, gun enhancements, and premeditation allegations.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §664/187
To convict a defendant of attempted murder under PC §§664/187, the prosecution must prove each element beyond a reasonable doubt.
You Took a Direct But Ineffective Step Toward Killing
The step must go beyond planning — it must be an unequivocal act that would have resulted in death but for interruption or failure. Loading and pointing a firearm, firing at the victim, stabbing at the chest, or triggering an explosive device are the classic examples.
You Intended to Kill That Person
Attempted murder requires specific intent — express malice. Implied malice (conscious disregard for life) that supports second-degree murder is NOT sufficient for attempted murder under People v. Bland (2002).
The Attempted Killing Was Without Lawful Justification
As with completed murder, self-defense, defense of others, and lawful duty are complete justifications. Imperfect self-defense reduces the charge to attempted voluntary manslaughter.
03 — Degrees
PC §664/187 — Tiers & Degrees
Attempted murder is graded into two degrees based on whether the attempt was willful, deliberate, and premeditated.
First-Degree Attempted Murder
Willful, deliberate, premeditated attempts. Requires proof of planning and reflection — however brief. Also applies when the attempt is committed by lying in wait, poison, or during certain enumerated felonies.
- Minimum 7 years before parole eligibility (with credits)
- Firearm enhancement adds 10 / 20 / 25-to-life consecutive
- Counts as a strike
Second-Degree Attempted Murder
Any attempted intentional killing that is not willful, deliberate, and premeditated. Impulsive shootings, rash retaliations, and unplanned attacks fall here.
- Determinate term of 5, 7, or 9 years
- Firearm enhancement still applies (10 / 20 / 25-to-life)
- Counts as a strike
04 — Penalties
Penalties for PC §664/187 Attempted Murder in California
Attempted murder carries some of the harshest exposure in California — especially when firearm or gang enhancements are alleged.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Attempted Murder — 1st Degree | PC §§664/187 | Life with parole (min. 7 yrs) | No | Yes |
| Attempted Murder — 2nd Degree | PC §§664/187 | 5, 7, or 9 years | No | Yes |
| Attempted Voluntary Manslaughter | PC §§664/192(a) | 18 mo., 3, or 5.5 yrs | Possible | Yes |
| Great Bodily Injury Add-On | PC §12022.7 | +3 to 6 years | No | n/a |
Sentencing Enhancements
Personal Use of a Firearm
PC §12022.53(b)
+10 years consecutive when the defendant personally used a firearm during the attempt.
Personal & Intentional Discharge
PC §12022.53(c)
+20 years consecutive when the defendant personally and intentionally discharged a firearm.
Discharge Causing GBI or Death
PC §12022.53(d)
+25 years to life consecutive when the discharge caused great bodily injury or death.
Gang Enhancement
PC §186.22(b)
15 years to life when the attempt was for the benefit of a criminal street gang.
Great Bodily Injury
PC §12022.7
+3 to 6 years for personally inflicting GBI (not applicable if PC §12022.53(d) is imposed).
Prior Strike
PC §667(e)
Doubles the base term; a second strike after two priors triggers 25-to-life.
Additional Consequences
- Lifetime firearm prohibition (PC §29800)
- Mandatory restitution to the victim (PC §1202.4)
- Strike designation — impacts every future felony sentence
- Aggravated felony under 8 USC §1101(a)(43) — mandatory deportation for non-citizens
- Loss of voting rights while incarcerated
- Ineligibility for most professional licenses
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §664/187 Attempted Murder Charges
Attempted murder cases turn on the intent element and on the reliability of the identification. Rubin Law, P.C. attacks these cases from every angle.
No Specific Intent to Kill
Firing wildly, warning shots, or attacks aimed at non-vital areas may show intent to frighten or injure but not to kill. Without specific intent to kill, the charge cannot stand — it may reduce to assault with a deadly weapon (PC §245) or assault with a firearm.
CALCRIM 600 / People v. Bland
Self-Defense or Defense of Others
A complete justification if the defendant reasonably believed force was necessary to prevent imminent death or great bodily injury. Even imperfect self-defense reduces the charge to attempted voluntary manslaughter.
PC §198.5 / CALCRIM 505
Mere Preparation, Not an Attempt
Planning, threats, and equipping do not equal a direct step. If the People cannot prove an unequivocal act toward killing, the attempt fails as a matter of law.
CALCRIM 460
Mistaken Identification
Attempted murder cases often rest on stressful, brief eyewitness observations. We litigate suggestive lineups, cross-racial identification issues, and inconsistent descriptions with expert testimony.
CALCRIM 315
Illegal Search / Suppression
Firearms, cell phone data, and ballistic evidence recovered through unlawful searches can be suppressed under PC §1538.5 — often gutting the People's case.
PC §1538.5 / Fourth Amendment
Miranda / Coerced Statements
Statements obtained without proper Miranda warnings or through psychological coercion are inadmissible. In gang-adjacent attempted murder cases, custodial interrogations frequently violate Miranda.
PC §1538.5 / Miranda
Insufficient Kill Zone Evidence
For alleged additional attempted murder victims under the 'kill zone' theory, the People must prove the defendant specifically intended to kill everyone in the zone. Post-Canizales, this doctrine is narrowly applied.
People v. Canizales (2019)
Constitutional Sources
07 — Court Process
How PC §664/187 Attempted Murder Cases Move Through Los Angeles Courts
Attempted murder cases move quickly and require aggressive early intervention.
- 1
Step 1 — Arrest & Booking
Invoke Miranda immediately. Attempted murder arrests almost always follow an ambulance call — police will attempt to obtain statements before counsel arrives.
- 2
Step 2 — Arraignment (Within 48 Hours)
Charges read, plea entered, bail addressed. Attempted murder bail in LA County typically starts at $1,000,000; premeditated allegations often result in bail denial.
- 3
Step 3 — Preliminary Hearing
Within 10 court days of arraignment for in-custody defendants. We cross-examine witnesses, expose weaknesses in identification and intent evidence, and lay the foundation for suppression motions.
- 4
Step 4 — Pre-Trial Motions
PC §1538.5 (suppression), Pitchess (officer records), motions to strike gun/gang enhancements, and motions to dismiss under PC §995 when preliminary hearing evidence is insufficient.
- 5
Step 5 — Plea Negotiations
Most attempted murder cases resolve through negotiated pleas — often reduced to PC §245 (ADW), PC §246 (shooting at inhabited dwelling), or attempted voluntary manslaughter.
- 6
Step 6 — Trial & Sentencing
Jury trial on intent-to-kill and premeditation. If convicted, sentencing includes the base term plus any true findings on enhancements (10/20/25-to-life for firearm, +15-to-life for gang).
Los Angeles Courts That Handle PC §664/187 Attempted Murder Cases
Attempted murder cases in LA County are prosecuted at the felony-trial courthouses closest to where the alleged offense occurred.
Clara Shortridge Foltz Criminal Justice Center
Central downtown LA — most high-profile attempted murder trials.
Compton Courthouse
Serves Compton, Watts, and South LA — heavy gun and gang-allegation caseload.
Van Nuys Courthouse
San Fernando Valley attempted murder cases.
Long Beach Courthouse
Long Beach, Signal Hill, and South Bay felony cases.
Pomona Courthouse
Eastern San Gabriel Valley and Inland-adjacent LA County.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Attempted Murder Defense Attorney
Daniel S. Rubin has defended clients charged with attempted murder and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §664/187 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Attempted Murder Cases Throughout LA County
09 — FAQs
PC §664/187 Attempted Murder Questions — Los Angeles
Is attempted murder a strike in California?
Yes. Attempted murder is a serious and violent felony under PC §§667.5(c) and 1192.7(c), which means every attempted murder conviction counts as a strike under California's Three Strikes Law and doubles or triples any future felony sentence.
What is the difference between attempted murder and assault with a deadly weapon?
Attempted murder requires specific intent to kill a specific person plus a direct step toward killing. Assault with a deadly weapon (PC §245) only requires an act likely to cause great bodily injury — no intent to kill is required. That single difference in intent is why prosecutors often start with attempted murder and settle for PC §245.
Can implied malice support an attempted murder charge?
No. People v. Bland (2002) 28 Cal.4th 313 makes clear that implied malice — conscious disregard for human life — is enough for second-degree murder but not attempted murder. The People must prove express malice, i.e. specific intent to kill, or the attempted murder charge fails.
What is the 'kill zone' theory?
The kill zone theory allows the prosecution to charge attempted murder against every person in a targeted area — such as everyone in a car or room — when the defendant intended to kill a primary target and used force sufficient to ensure death of everyone in that zone. People v. Canizales (2019) sharply limited this doctrine: the People must prove the defendant specifically intended to kill everyone in the zone as a means of killing the primary target.
How long is 'life with parole' in practice?
First-degree attempted murder carries a life sentence with parole eligibility. The minimum time before parole is generally 7 years with credits, but firearm and gang enhancements are consecutive — a first-degree attempted murder with a §12022.53(d) enhancement can push realistic release beyond 25 years.
Can attempted murder be reduced to attempted manslaughter?
Yes. If the attempt was committed in the heat of passion following sufficient provocation, or in imperfect self-defense, the charge reduces to attempted voluntary manslaughter under PC §§664/192(a), which carries 18 months, 3, or 5.5 years — dramatically less than life.
Does the victim have to be injured for attempted murder?
No. Injury is not required — the crime is complete when the defendant takes a direct step with the specific intent to kill. However, when great bodily injury is inflicted, PC §12022.7 or §12022.53(d) enhancements dramatically increase the sentence.
Is attempted murder eligible for probation?
No. Attempted murder is a violent felony that is statutorily ineligible for probation under PC §1203(k) and PC §1203.06. A conviction results in a state prison commitment.
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Charged With Attempted Murder in Los Angeles?
Attempted murder charges carry life in prison and mandatory firearm enhancements. Call Rubin Law, P.C. today — 24/7.