California Penal Code 664
Are you facing charges for Attempted Murder? Violation of Penal Code 664(a) is one felony offense for which the accused should always consult with a skilled murder defense attorney as soon as possible. If convicted, you could be ordered to serve life in prison. At the Law Offices of Randy Collins, we know that many of those who are accused of attempting to commit murder have extenuating circumstances, while others are simply not guilty. Even if you did have something to do with your alleged offense, each case is very different. Without a skilled professional with in-depth knowledge of California case law, you may miss opportunities to dismiss evidence or obtain a not guilty verdict.
At the Law Offices of Randy Collins, our murder defense attorneys have worked with countless defendants facing lengthy and life-time prison sentences. Ronald MacGregor, founding partner, has worked for a number of high-profile clients, including the well-documented zebra murder trials. Call us today to receive a free case evaluation and find out more about your options.
What is Penal Code 664?
According to California Penal Code 664, Attempted Murder is defined as taking one direct attempt to kill another human being, or a fetus, with malice aforethought, though it might have failed.
In order to prosecute for Attempted Murder, the State of California’s legal representatives will have the burden to prove you are guilty of:
- intentionally, willfully or deliberately attempting to kill someone
The following could be considered an example of a PC 664 violation:
Rachel, a traveling business woman, comes home early from a weekend out of town to find her husband, Laurence, in bed with Rachel’s friend Sarah. In a fit of rage, Rachel grabs Laurence’s gun out of the closet and begins to fire her weapon at Sarah. She fires all six rounds in the gun, but misses each time. Sarah runs out of the room screaming, flies out the door, and calls the police. Rachel is later arrested and charged with violating CPC 664.
What Are the Penalties for Attempted Murder?
The penalties or punishment for Attempted Murder penal code violations depend on what category of crime it is being filed as. The following are potential penalties for attempted murder violations in California.
- First Degree Attempted Murder – Life sentence in the California State Prison with a possibility of parole
- Second Degree Attempted Murder (attempted murder which wasn’t deliberated)- Five, seven or nine years in prison
There are other penalties that could potentially increase these sentences, and it is based on a number of factors. These factors may include if the attempted murder was directed at an executive officer, in which case a minimum of fifteen years imprisonment will need to be served.
Other penalties for both 1st and 2nd degree attempted murder include paying a victim restitution fee, being subject to ten thousand dollars in fines, and a revocation of the right to bear arms.
Attempted Murder Legal Defense
If you are facing Attempted Murder charges for violating California Penal Code Section 664, our Orange County criminal defense attorneys can help you. Call us today and we will provide you with a free case evaluation with no obligation to retain our services. With the right information, you may be able to avoid costly mistakes and put yourself in the best position to obtain a favorable case outcome.