Attempted murder is one of the most serious crimes you can be accused of in the state of California. This crime carries severe consequences that could destroy your freedom.
An attempted murder conviction could threaten your life forever, but it could carry even harsher penalties under certain circumstances. For instance, you could face 25 years to life in prison if you are alleged to have caused great bodily injury by using a gun in commission of the crime. It is important that you understand these potential enhancements to attempted murder charges.
Attempted Murder in California (PC 664)
In California, murder is divided into two categories: first-degree murder and second-degree murder. First-degree murder is when your action to commit murder was “deliberate, intentional, and premeditated.” If you are convicted of first-degree attempted murder, you face life imprisonment without the possibility of parole.
Every other type of murder is considered second-degree murder. Second-degree attempted murder carries a sentence of 5, 7 or 9 years in state prison.
Enhancements to Attempted Murder Charges
In addition to the base consequences of attempted murder mentioned above, you face sentence enhancements if certain facts are true in your case. There are several sentence enhancements for attempted murder.
Attempted Murder and Firearms
If you used a firearm while committing attempted murder, an additional 10 years in prison could be added to your sentence under California Penal Code Section 12022.53. If you actually fired the weapon, an additional 20 years in prison could be added to your sentence. You face 25 years to life imprisonment if you used or fired a gun and caused great bodily injury to another person when you committed attempted murder.
You will also lose your right to own or possess a firearm if you are convicted of attempted murder.
Gang Enhancements (PC 186.22)
Another way your sentence for attempted murder could be enhanced is if your act involved a gang in any way. Under California Penal Code Section 186.22, if prosecutors can show that your act of attempted murder was committed as part of a gang activity, an additional 15 years to life in prison could be added to your sentence.
Three Strikes Law (PC 667.5)
Attempted murder is also a “strike” offense under California Penal Code Section 667.5. This means you will receive a strike on your criminal record if you are convicted of this crime. If it is your third strike, you could face a prison sentence of 25 years to life.
Sentencing is an extremely complicated matter, so you should seek guidance from an experienced criminal defense attorney if you are facing attempted murder charges in California.
Contact the Murder Attorneys at Wallin & Klarich Today
Attempted murder is a complex crime that carries severe consequences. That is why you should speak to a skilled murder attorney if you have been accused of this crime. At Wallin & Klarich, our knowledgeable criminal defense lawyers have been successfully defending our clients accused of murder for more than 35 years. We’ve helped thousands of clients in their time of legal need, and we can help you now.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, you can find an experienced Wallin & Klarich murder attorney available near you no matter where you work or live.
Contact our offices at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.