Penal Code 664-187 – Attempted Murder in California

Penal Code 664-187 in California refers to the offense of attempted murder. Specifically, it is a combination of two sections of the California Penal Code: Section 664, which deals with attempts to commit crimes, and Section 187, which defines the crime of murder.

Attempted Murder: Under Penal Code 664-187, attempted murder occurs when someone takes direct steps towards intentionally and unlawfully killing another person, but the act does not result in the victim’s death. The individual must have had the specific intent to kill and must have performed an overt act in furtherance of the murder. The attempt can be charged even if the intended victim was not injured.

Elements of the Offense: To prove attempted murder, the prosecution must generally establish the following elements:

a. Intent: The defendant had a specific intent to kill another person. This intent must be proven beyond a reasonable doubt.

b. Direct Step: The defendant took a direct step towards carrying out the intended killing. This step must demonstrate a clear and unambiguous intention to kill, such as purchasing a weapon, luring the victim to a secluded location, or preparing a lethal substance.

c. Failure to Complete the Killing: The defendant’s actions did not result in the death of the victim.

Penalties: Attempted murder is a serious crime in California and is typically punished as a felony. The potential penalties can include a lengthy prison sentence, substantial fines, and other consequences. The specific sentencing can vary based on various factors, including the circumstances of the crime and the defendant’s criminal history.