664

California is known for its stringent laws aimed at maintaining public safety and justice. Among these laws is California Penal Code 664, which addresses the serious offense of attempted murder. Attempted murder is one of the most severe charges that can be brought against an individual, and it carries significant legal consequences. Understanding Penal Code 664 is crucial for anyone facing this charge or for those interested in the intricacies of California’s criminal justice system.

What is California Penal Code 664?

California Penal Code 664 is a general statute that applies to any attempt to commit a crime, but it is most commonly associated with attempted murder when paired with Penal Code 187, which defines murder. Attempted murder occurs when someone takes direct action with the intent to kill another person, but the person does not succeed in causing death. The key elements of attempted murder include both the intent to kill and a direct, but unsuccessful, action toward committing the murder.

Attempted murder is a serious crime because it involves the intent to take another person’s life. Even though the intended victim may survive or the attempt may be thwarted, the intent and effort to commit murder are treated with the utmost severity under the law.

Key Aspects of Penal Code 664: Attempted Murder

Penal Code 664 outlines several critical components that must be proven for a charge of attempted murder to hold:

1. Specific Intent to Kill: For an attempted murder charge, the prosecution must prove that the defendant had a specific intent to kill the victim. This means that the defendant must have consciously intended to cause the death of another person. Intent is often demonstrated through the defendant’s actions, statements, or the circumstances surrounding the crime.
2. Direct Action Toward the Killing: It is not enough for the prosecution to prove intent alone. There must also be evidence that the defendant took a direct step toward committing the murder. This could include actions like firing a gun at someone, stabbing them, or preparing a lethal weapon with the intention of using it to kill.
3. Failure to Complete the Murder: Attempted murder charges apply when the intended victim does not die as a result of the defendant’s actions. The reasons for the failure could vary—perhaps the victim survived due to timely medical intervention, the defendant was interrupted, or the weapon malfunctioned.
4. Degrees of Attempted Murder: Attempted murder can be charged in the first or second degree, depending on the circumstances of the case. First-degree attempted murder involves premeditation and deliberation, meaning that the defendant planned the murder in advance. Second-degree attempted murder, on the other hand, lacks the element of premeditation but still involves the intent to kill.

Penalties for Violating Penal Code 664: Attempted Murder

Attempted murder is considered one of the most serious offenses under California law, and the penalties reflect the gravity of the crime. The specific consequences depend on whether the charge is first-degree or second-degree attempted murder:

1. First-Degree Attempted Murder: If convicted of first-degree attempted murder, the defendant faces a potential sentence of life in state prison with the possibility of parole. However, if certain aggravating factors are present—such as the victim being a peace officer or the use of a firearm—the sentence can be enhanced, and the defendant may face life in prison without the possibility of parole.
2. Second-Degree Attempted Murder: A conviction for second-degree attempted murder carries a prison sentence of five, seven, or nine years in state prison. The exact length of the sentence can vary depending on the circumstances of the case and the defendant’s criminal history.
3. Additional Penalties: In addition to prison time, a conviction for attempted murder can result in hefty fines, restitution to the victim, and a permanent criminal record. The defendant may also be subject to parole or probation after serving their sentence.
4. Sentence Enhancements: Certain factors can lead to enhanced penalties, such as using a firearm, causing great bodily injury, or committing the crime against a protected class of victims (e.g., law enforcement officers, children, or elderly individuals). These enhancements can add years to the defendant’s prison sentence.

Defenses Against Penal Code 664 Charges

Given the severity of attempted murder charges, mounting a strong defense is crucial. Several potential defenses can be used in court:

• Lack of Intent: One of the most critical elements the prosecution must prove is the specific intent to kill. If the defense can show that the defendant did not have this intent—perhaps the actions were reckless or accidental rather than intentional—the charges may be reduced or dismissed.
• No Direct Action: The defense might argue that the defendant did not take a direct step toward committing the murder. For example, if the prosecution cannot prove that the defendant made a substantial move toward carrying out the killing, the charge of attempted murder might not hold.
• Self-Defense: If the defendant acted in self-defense or defense of others, this could be a valid defense against attempted murder charges. The defense would need to show that the defendant believed they were in imminent danger and that their actions were a reasonable response to that threat.
• Mistaken Identity: In some cases, the defense may argue that the defendant was not the person who committed the attempted murder. This could involve providing an alibi, challenging eyewitness testimony, or presenting evidence that someone else committed the crime.
• Insanity or Mental Incapacity: The defense might argue that the defendant was not mentally capable of forming the intent to kill due to a mental illness or incapacity. This defense would require substantial evidence, such as psychiatric evaluations, to support the claim.

The Importance of Understanding Penal Code 664

California Penal Code 664 is a crucial part of the state’s legal framework for addressing the serious crime of attempted murder. Understanding the elements of this crime, the potential penalties, and the possible defenses is vital for anyone involved in such a case—whether as a defendant, a legal professional, or someone interested in the workings of the criminal justice system.

Attempted murder charges are life-altering, and the consequences of a conviction can be devastating. Therefore, it is essential for anyone facing such charges to seek experienced legal counsel immediately. An experienced attorney can evaluate the case, develop a strong defense strategy, and work to protect the defendant’s rights throughout the legal process.

Final Thoughts

California Penal Code 664 addresses one of the most serious offenses under the law: attempted murder. The statute’s strict penalties reflect the gravity of the crime, emphasizing the state’s commitment to protecting the safety and lives of its residents. While the law is clear in its intent to punish those who attempt to take another person’s life, it also underscores the importance of a fair and just legal process for those accused of such a crime.

If you or someone you know is facing charges under Penal Code 664, it’s crucial to understand the law, the potential penalties, and the available defenses. With the right legal representation, it is possible to navigate this challenging situation and work toward the best possible outcome.