California Penal Code §664 — Attempt to Commit a Crime
PC §664 is California's general attempt statute. Standing alone, §664 is not a substantive crime — it operates as a sentencing rule tied to whatever underlying offense the defendant tried but failed to complete. Under §664(a), the default rule is that attempt is punished by one-half of the maximum term of imprisonment for the completed offense. The statute contains critical exceptions: attempted willful, deliberate, and premeditated murder is punished by life with the possibility of parole (§664(a)); attempts to commit offenses punishable by death or life without parole are also punished by life with the possibility of parole. §664 requires two elements: (1) specific intent to commit the target offense, and (2) a direct but ineffectual act toward its commission.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Attempt to Commit a Crime Cases in All LA County Courts
01 — Quick Facts
PC §664 — Attempt to Commit a Crime at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §664 — Attempt to Commit Crime |
| Code Type | Penal Code (PC) — General Attempt Statute |
| Classification | Follows underlying offense (misdemeanor / wobbler / felony) |
| Default Penalty | One-half maximum term of the completed offense |
| Attempted Premeditated Murder | Life with possibility of parole — §664(a) |
| Attempted Life/LWOP Offenses | Life with possibility of parole |
| Elements | Specific intent + direct but ineffectual act |
| Controlling Case | People v. Kipp (1998) 18 Cal.4th 349 |
| Strike | Follows underlying (attempted §187 = strike) |
| Probation | Follows underlying offense |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §664?
What Is California Penal Code §664?
PC §664 Reads:
"Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows: (a) If the crime attempted is punishable by imprisonment in the state prison, the person guilty of the attempt shall be punished by imprisonment in the state prison for one-half the term of imprisonment prescribed upon a conviction of the offense attempted. However, if the crime attempted is willful, deliberate, and premeditated murder … the person guilty of that attempt shall be punished by imprisonment in the state prison for life with the possibility of parole."
— California Penal Code §664(a)
PC §664 is the workhorse attempt statute. It criminalizes falling short of a completed offense — the actor tried to commit the substantive crime and either failed, was intercepted, or was prevented. The two-element structure (specific intent + direct-but-ineffectual act) has been elaborated in a large body of California case law, most notably People v. Kipp (1998) 18 Cal.4th 349 (act must be more than 'mere preparation'), People v. Superior Court (Decker) (2007) 41 Cal.4th 1, and People v. Bright (1996) 12 Cal.4th 652 (specific intent).
The Two Elements
First: specific intent — the actor must have intended to commit the completed offense (People v. Bright). Reckless or general intent is insufficient. Second: a direct but ineffectual act — the act must be more than mere preparation and must show unequivocal commitment to the criminal plan (People v. Kipp). Where either element fails, §664 cannot lie.
PC §664 — Attempt
Specific intent + direct act. Punishment: half of completed offense (with exceptions).
PC §182 — Conspiracy
Agreement + overt act. Different mental state; each conspirator liable for reasonably-foreseeable acts of co-conspirators.
Why §664 Matters Beyond the Sentence
Attempted §187 murder is a strike, carries life with the possibility of parole (when premeditated) or 5/7/9 years determinate (non-premeditated), and triggers §12022.53 firearm enhancements — 20 years for personal discharge, 25 to life for GBI/death. Attempted §288 lewd act carries §290 registration. Attempted §211 robbery is a strike. §664's 'half' rule, and its overrides, make the exact charging structure decisive for outcomes.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §664
To convict under PC §664, the prosecution must prove each element beyond a reasonable doubt.
Specific Intent to Commit the Target Offense
The People must prove the defendant harbored the mental state required for the completed offense. For attempted murder, that is express malice or premeditation-and-deliberation.
Direct But Ineffectual Act
The act must be more than mere preparation and must show unequivocal commitment. Under Kipp, the test is whether the act 'must be sufficient to constitute an attempt.'
Failure, Interception, or Prevention
The attempt must have fallen short — the completed offense either did not occur, or was interrupted.
For Attempted Premeditated Murder — Willful, Deliberate, Premeditated
Under §664(a), attempted murder carries a life term only if the People plead and prove willful, deliberate, and premeditated conduct. Otherwise attempted murder is a determinate 5/7/9-year term.
04 — Penalties
Penalties for PC §664 Attempt to Commit a Crime in California
PC §664 penalties are entirely derivative of the completed offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Default Rule — Attempt of Prison-Punishable Offense | PC §664(a) | One-half the maximum term for the completed offense | Follows underlying | Follows underlying |
| Attempted Premeditated Murder — §664/§187 | PC §664(a) + §187 | Life with possibility of parole (7-year minimum) | Prohibited | Yes — violent felony strike |
| Attempted Murder (Non-Premeditated) — §664/§187 | PC §664(a) + §187 | 5, 7, or 9 years state prison | Discretionary | Yes |
| Attempt of LWOP/Death-Punishable Offense | PC §664(a) | Life with possibility of parole | Prohibited | Yes |
| Attempted Misdemeanor | PC §664(b) | Up to half the maximum jail term | Yes | No |
| Peace Officer / Firefighter Victim (§664(e)) | PC §664(e)/(f) | Elevated: 15 yr min. on attempted murder of peace officer | Prohibited | Yes |
Sentencing Enhancements Applied to §664
Firearm — PC §12022.53
PC §12022.53
Personal use (+10), discharge (+20), GBI or death (+25 to life). Applies to §664/§187 and other listed underlying felonies.
Great Bodily Injury — PC §12022.7
PC §12022.7
+3 years for GBI on non-listed felony; +5 years on victim over 70; +6 years on victim under 5.
Gang — PC §186.22
PC §186.22
+2 to +10 years for gang-motivated attempt, plus alternate life exposure on certain underlying offenses.
Prior Serious Felony — PC §667(a)
PC §667(a)
+5 years consecutive per prior serious-felony conviction (when current is also serious).
Beyond the Sentence
- Follows underlying offense — strike, §290 registration, §296 DNA, immigration
- State prison exposure varies wildly with underlying (up to life)
- Firearm and gang enhancements can add decades on serious underlying offenses
- Attempt of a §667.71(c) sex offense is itself a §667.71(c) qualifying offense
- Immigration exposure depends on underlying — aggravated felony where underlying qualifies
- Restitution, protective orders, and probation conditions track the underlying offense
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §664 Attempt to Commit a Crime Charges
Rubin Law, P.C. attacks §664 through the intent and direct-act elements.
Mere Preparation — Not Attempt
Under Kipp, the line between preparation and attempt is decisive. Buying materials, casing a location, staging a plan — without a direct act — is preparation, not §664 attempt.
People v. Kipp (1998) 18 Cal.4th 349
No Specific Intent
Voluntary intoxication (PC §29.4), mental disorder, and ambiguous purpose defeat specific intent. Attempted murder cannot be proved on implied-malice theory (People v. Bland (2002) 28 Cal.4th 313).
People v. Bland (2002)
Voluntary Abandonment
A voluntary, complete, and lasting abandonment of the criminal plan before completion can defeat §664 (People v. Staples (1970) 6 Cal.App.3d 61). Rare but powerful where facts support.
People v. Staples (1970)
Factual Impossibility Is No Defense — But Legal Impossibility Is
Legal impossibility (the conduct, even if completed, would not have been a crime) defeats §664. Factual impossibility (target not present, weapon jammed) does not.
People v. Reed (1996) 53 Cal.App.4th 389
Contest Premeditation on §664/§187
Reduce attempted premeditated murder (life) to attempted non-premeditated murder (5/7/9 years) by rebutting deliberation — sudden quarrel, provocation, heat of passion.
PC §189 / §664(a)
Attempt Underlying Not Charged — Duplicate
Where the same act constitutes both a completed offense and an attempt, PC §654 bars multiple punishment. Consolidation of charges is the appropriate motion.
PC §654
Plea to Substantive Lesser Included Offense
Depending on the underlying, negotiated plea to a completed lesser (§245 assault instead of §664/§187; §242 battery instead of §664/§243.4) can dramatically reduce exposure and strike status.
Constitutional Sources
07 — Court Process
How PC §664 Attempt to Commit a Crime Cases Move Through Los Angeles Courts
PC §664 cases proceed through the same stages as the underlying offense.
- 1
Step 1 — Investigation & Charging
The DA elects whether to charge the substantive offense, §664, or both. §654 preclusion limits stacking.
- 2
Step 2 — Filing & Arraignment
Bail and custody status follow the underlying. Attempted murder cases often start with no-bail holds.
- 3
Step 3 — Preliminary Hearing
People must show probable cause on intent and direct act. Kipp-preparation attacks and Bland express-malice challenges commonly succeed at prelim.
- 4
Step 4 — Motion Practice
PC §995 (dismiss for insufficient direct act), §1538.5 (suppress), Serna (speedy trial), motions to strike premeditation allegation.
- 5
Step 5 — Trial
Central issues: specific intent, direct-act line, and (for §664/§187) premeditation. Voluntary intoxication and mental-state instructions are heavily litigated.
- 6
Step 6 — Sentencing
Court applies the §664 half-rule or the applicable override (life for premeditated attempted murder, life for LWOP/death-punishable underlying). Enhancements track the underlying.
Los Angeles Courts That Handle PC §664 Attempt to Commit a Crime Cases
PC §664 cases are filed alongside the underlying offense in the felony courthouse for the county of arrest.
Clara Shortridge Foltz Criminal Justice Center
Central LA felony filings — largest attempted-murder calendar.
Van Nuys Courthouse East
San Fernando Valley felony filings.
Long Beach Courthouse
South Bay felony filings.
Pomona Courthouse South
Eastern LA County felony filings.
Airport Courthouse
West LA / LAX area filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Attempt to Commit a Crime Defense Attorney
Daniel S. Rubin has defended clients charged with attempt to commit a crime 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 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Attempt to Commit a Crime Cases Throughout LA County
09 — FAQs
PC §664 Attempt to Commit a Crime Questions — Los Angeles
What is PC §664?
PC §664 is California's general attempt statute. It punishes the specific-intent attempt to commit any crime that falls short of completion, either through failure, interception, or prevention. §664 is derivative — it takes its punishment from the underlying offense.
What is the penalty under §664?
The default rule under §664(a) is one-half the maximum term of imprisonment for the completed offense. Critical exceptions: attempted willful, deliberate, and premeditated murder carries life with the possibility of parole (7-year minimum); non-premeditated attempted murder carries 5, 7, or 9 years; attempts of offenses punishable by death or LWOP are punished by life with parole.
What are the elements of §664?
Two elements: (1) specific intent to commit the target offense, and (2) a direct but ineffectual act toward its commission. The direct act must be more than mere preparation — People v. Kipp (1998) 18 Cal.4th 349 sets the preparation/attempt line.
Is attempted murder a strike?
Yes. Attempted murder — both premeditated (§664/§187 with premeditation) and non-premeditated — is a violent felony strike under PC §667.5(c) and PC §1170.12. Firearm and GBI enhancements attach, and prior serious-felony strikes stack under §667(a).
Can voluntary intoxication defeat a §664 charge?
Yes. PC §29.4 allows voluntary intoxication to negate specific intent. Because §664 requires specific intent to commit the completed offense, evidence of intoxication that prevented forming that intent can defeat the attempt charge. This is especially significant for attempted murder, which requires express malice (People v. Bland (2002) 28 Cal.4th 313).
Is factual impossibility a defense?
No. Under People v. Reed (1996) 53 Cal.App.4th 389, factual impossibility (the target was not present, the weapon jammed, the pocket was empty) is not a defense to §664. Legal impossibility (the conduct, even if completed, would not have been a crime) IS a defense — but it is rare.
Can I be charged with both §664 and the substantive offense?
Where the same act constitutes both an attempt and a completed offense, PC §654 bars multiple punishment. The People typically charge the greater completed offense and drop the §664 count. Where distinct acts support each, both can be charged; §654 still limits sentencing.
Does voluntary abandonment defeat §664?
Sometimes. Under People v. Staples (1970) 6 Cal.App.3d 61, a complete, voluntary, and lasting abandonment of the criminal plan before completion can defeat §664. The defense is narrow — abandonment must not be driven by fear of detection, and the direct-act line must not yet have been crossed.
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Charged Under PC §664 in Los Angeles?
Attempted-crime exposure tracks the underlying — attempted murder is a strike carrying life. Rubin Law, P.C. attacks the direct-act line and premeditation.