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ATTEMPTED MURDER, PC 664/187(a)(SECOND DEGREE)

Attempted Murder, PC 664/187(a)(SECOND DEGREE), is a very serious criminal charge. This type of charge can be tricky because much of it is based on intent. For instance, even if a defendant attacks someone but did not intend to kill the person, the defendant could get charged with attempted murder if it LOOKS like the defendant intended to kill person.

Elements

To be convicted of Attempted Murder, PC 664/187(a)(SECOND DEGREE), the prosecutor would have to prove that:

  1. the defendant took at least 1 direct step (although that step was ineffective) toward killing a person
  2. the defendant intended to kill that person

Jail

For Second Degree Attempted Murder, PC 664/187(a), the maximum sentence is 9 years in state prison.

Strike

Second Degree Attempted Murder, PC 664/187(a) is a strike because it is a violent felony.

Defenses

1. You did not take a direct step toward killing the person.

One of the elements is that you took a direct step toward killing that person, but if you never did that, then you are not guilty of Second Degree Attempted Murder, PC 664/187(a). The key is proving that whatever step you took had nothing to do with trying to kill someone.

2. It wasn’t you and somebody just misidentified you.

When crimes are committed, they are usually done in a way so as to avoid detection, which means that crimes oftentimes in the dark, or that they happen very quickly. This can lead to misidentification. If you have the same body type as the suspect, or sometimes just because you are the same race as the suspect, you could be misidentified and charged with a crime you did not commit.

3. You were defending yourself.

If somebody is holding a gun and pointing it at you, and you believe they are going to shoot and kill you, and the only way you can defend yourself is if you shoot at them first, you are only acting in self-defense. You may have had the intent to kill them, but only to save your own life, and that is an exception allowed by the law.

4. You had no specific intent to kill the person.

In order to be guilty of Second Degree Attempted Murder, PC 664/187(a), you had to have had the intent to kill the person. If you were not trying to kill them, then you did not attempt to murder them. Let’s say all you did was punch a person once, and they were hurt very bad, it is questionable whether you had the intent to kill them.

 

Second Degree Attempted Murder, PC 664/187(a) is one of the most serious criminal charges that you can face in criminal court. Many of these cases turn on the intent of the defendant, and many depend on whether or not the defendant was properly identified, so it is crucial that you get a top criminal defense lawyer who is aggressive and will seek every defense possible to prove your innocence. We are located in Orange County but also serve LA County, Riverside County, San Bernardino, and all of southern California. We can conduct business with our clients both in person and remotely. Our phone number is 213-235-7969 and we look forward to discussing your case with you.

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