Attempted Murder Defense in Los Angeles - PC 664/187
Attempted murder under California Penal Code 664/187 is one of the most seriously prosecuted charges in the Los Angeles criminal court system — and one of the most frequently overcharged.
A conviction can result in 15 years to life in state prison or a determinate sentence, depending on how the charge is filed.
Understanding exactly what the prosecution must prove, where their case commonly falls apart, and what defenses are available is the first step in building an effective response to this charge.
Ronald Hedding has defended attempted murder cases across Los Angeles County for more than 30 years — in Van Nuys, San Fernando, downtown Los Angeles, and every major courthouse in the region.
What follows is a direct breakdown of how these cases work, drawn from decades of experience on both sides of the courtroom.
What the Prosecution Must Prove in an Attempted Murder Case
To secure a conviction for attempted murder in California, the prosecution must establish two elements beyond a reasonable doubt:
- First, that the defendant took a direct step toward killing another person — an act that went beyond mere preparation; and
- Second, that the defendant had the specific intent to kill.
The most common way prosecutors establish the first element is through evidence of a shooting. When someone fires a weapon at another person, prosecutors argue the act itself demonstrates an attempt to kill.
The same logic is applied in other scenarios — stabbing someone with a knife, kicking someone in the head when they are already down, causing serious bodily injury, or using any instrumentality in a manner that the prosecution can argue was directed at ending someone's life.
The second element — specific intent to kill — is where many attempted murder prosecutions are most vulnerable.
Intent to kill is not the same as intent to harm. The prosecution must prove that the defendant's conscious objective was death, not merely injury. This distinction is critical, and it is where an experienced defense attorney focuses most of their attention.
Why Attempted Murder Is One of the Most Overcharged Crimes in Los Angeles
After more than 30 years of handling these cases, one pattern is unmistakable: prosecutors in Los Angeles frequently file attempted murder charges in situations where the evidence of specific intent to kill is genuinely weak.
The charge carries enormous leverage — 15 years to life creates enormous pressure on a defendant to accept a plea — and prosecutors use that leverage aggressively.
A classic example: a person has someone at close range with a fully loaded firearm. They fire one shot, wound the victim, and flee.
- If that person's actual intent was to kill, why fire only once?
- Why leave with a loaded weapon?
- Why not ensure the result?
The circumstances tell a story that is inconsistent with a genuine intent to kill — and that story is the foundation of a defense.
This does not mean the conduct was acceptable or that no crime occurred. It means that the specific charge of attempted murder — with its life sentence — may not fit the actual facts.
Reducing an overcharged attempted murder to assault with a deadly weapon, or to a non-premeditated attempted murder carrying a determinate sentence, can be a life-changing outcome for a client.
Premeditation and Deliberation: Why It Changes Everything
There are two distinct versions of attempted murder in California, and the difference between them determines whether a defendant faces a life sentence or a fixed term they can actually calculate.
When the prosecution alleges premeditation and deliberation — meaning the defendant thought about the killing in advance, however briefly, before acting — the charge becomes a first-degree attempted murder carrying 15 years to life in state prison.
When premeditation and deliberation are not alleged or cannot be proven, the attempted murder charge carries a determinate sentence — the defendant will know exactly when they will be released.
In the right case, fighting the premeditation allegation is one of the most important battles in the defense, because it is the difference between a life sentence and a fixed term.
Common Scenarios Where Attempted Murder Charges Are Filed in Los Angeles
Attempted murder charges appear across a wide range of fact patterns in Los Angeles County. The most common scenarios include:
- Gang-related shootings and drive-by shootings. These are the most frequently prosecuted attempted murder cases in LA. When a firearm is discharged in the direction of another person, prosecutors can more easily argue intent to kill than in cases involving hand-to-hand combat. Gang enhancements under PC 186.22 can add significant time to the base sentence.
- Robberies gone wrong. When a firearm is used during a robbery, and the victim is shot, the prosecution frequently adds attempted murder alongside the robbery charge. These cases often involve felony murder theories and require careful analysis of what actually happened.
- Domestic violence situations. Attempted murder charges in domestic cases typically involve a weapon — a knife, a firearm, or a choking incident severe enough to render the victim unconscious. Prosecutors take choking incidents involving loss of consciousness extremely seriously and will file attempted murder when they believe the evidence supports it.
- Road rage incidents. Using a vehicle as a weapon — deliberately driving into another person or attempting to run someone over — is charged as attempted murder in Los Angeles when prosecutors can show the driver intended to cause death.
- Stabbings and blunt force attacks. Stabbing with a knife, or striking someone who is already down with enough force to cause serious bodily injury, can support an attempted murder charge — though these cases often provide more room for a defense around intent than shooting cases do.
Defenses to Attempted Murder Charges in California
The defenses available in an attempted murder case are highly fact-specific, but several are commonly applicable:
Lack of Specific Intent to Kill
Because attempted murder requires a specific intent to kill — not merely to harm — challenging whether that intent existed is often the most powerful defense.
The circumstances of the incident, the defendant's conduct before and after the incident, the number of shots fired, the distance involved, and the defendant's own statements all inform this analysis. When the evidence of intent is ambiguous, a skilled defense attorney forces the prosecution to confront that ambiguity.
Self-Defense
Self-defense is one of the most frequently and successfully argued defenses in attempted murder cases in Los Angeles. If the defendant reasonably believed they were in imminent danger of being killed or suffering great bodily injury, and used force proportional to that threat, the attempted murder charge fails.
Establishing the full context of what led to the confrontation — who initiated it, what the defendant reasonably perceived, what the physical dynamics were — is the foundation of this defense.
Voluntary Intoxication
Because attempted murder requires specific intent, voluntary intoxication — from alcohol, drugs, or a combination — can be raised as a defense to negate that intent.
This is not a claim that the defendant did nothing wrong. It is a legally recognized argument that the level of intoxication prevented the formation of the specific mental state required for this particular charge. When the evidence supports it, this defense can result in a conviction on a lesser charge rather than attempted murder.
Mistaken Identity
In gang-related shootings and other high-chaos situations, eyewitness identification is often unreliable. Challenging the prosecution's identification evidence — through cross-examination, independent investigation, and alibi evidence — is a central defense strategy when the facts support it.
Challenging the Premeditation Allegation
Even when an acquittal is not achievable, fighting the premeditation allegation can be the most important battle in the case — converting a 15-to-life exposure into a determinate sentence and giving the client a realistic release date rather than a parole board review decades into the future.
How Attempted Murder Cases Are Investigated in Los Angeles
Attempted murder cases are treated as high-priority investigations by the Los Angeles Police Department and the Sheriff's Department.
The level of investigative resources brought to bear depends significantly on the specific circumstances — a gang-related shooting in a public place will typically draw a more intensive investigation than a domestic incident — but in any attempted murder case, the prosecution will be working with experienced detectives and senior prosecutors.
What differs from completed murder investigations is the depth of resources deployed.
Robbery-Homicide Division handles the most serious murder cases and brings enormous investigative capacity — DNA evidence, extensive video analysis, witness coordination across jurisdictions.
Attempted murder investigations are serious, but they do not always receive that same level of saturation. This can create opportunities for the defense that a skilled attorney can identify and exploit.
One constant in both murder and attempted murder cases: the judges handling these charges in Los Angeles are experienced and treat them with the gravity they warrant.
The prosecutors assigned are senior. This is not a case where any attorney with a criminal defense practice can walk in and be effective. The attorney handling this case needs to have tried these cases — repeatedly, across different courthouses, against the prosecutors who handle nothing but violent felonies.
Frequently Asked Questions: Attempted Murder in Los Angeles
What is the sentence for attempted murder in California?
If premeditation and deliberation are alleged and proven, attempted murder is punishable by 15 years to life in state prison. If premeditation is not alleged, the sentence is a determinate term — typically 5, 7, or 9 years depending on the circumstances. Additional enhancements for firearm use, gang allegations, or great bodily injury can significantly increase these figures.
Can attempted murder be reduced to a lesser charge?
Yes. Depending on the evidence, an attempted murder charge can potentially be reduced to assault with a deadly weapon (PC 245), attempted voluntary manslaughter, or a non-premeditated attempted murder carrying a determinate sentence. The right outcome depends entirely on the specific facts and the strength of the defense constructed around them.
What if I fired a weapon but didn't intend to kill anyone?
Intent is the central question in every attempted murder case. If you discharged a firearm but the circumstances — the number of shots, the distance, your conduct immediately before and after — are inconsistent with a genuine intent to kill, that is a defense argument. It requires an attorney who can analyze the full picture of the evidence and present that argument effectively to a jury or, in appropriate cases, to the prosecution in negotiation.
Is attempted murder a strike offense in California?
Yes. Attempted murder is a serious felony under California's Three Strikes law. A conviction counts as a strike on the defendant's record, which significantly increases sentences for any future felony convictions. This is an additional reason why the defense strategy in an attempted murder case — including whether and how to negotiate any resolution — must account for long-term consequences, not just the immediate sentence.
Contact a Los Angeles Attempted Murder Defense Attorney
If you or a family member is facing an attempted murder charge anywhere in Los Angeles County, contact the Hedding Law Firm immediately.
The earlier a defense attorney is involved, the more options are available to challenge the charge, contest the evidence, and protect your future.
The Hedding Law Firm can help you. Schedule your consultation by calling (833) 594-2133 or using the contact form.
Hedding Law Firm serves clients throughout Los Angeles County and surrounding counties, including Orange County, Ventura County, and San Bernardino County.
