While driving home from work, you were cut off by another driver. You decided to follow the other driver into a parking lot. The two of you exited your respective vehicles and began arguing. You pulled out a gun and shot at the other driver, but did not hit him with the bullet. Now, you are being charged with attempted murder under California Penal Code section 664/187. What punishment do you face if you are convicted?
Attempted Murder Punishment
If you are convicted of attempted first-degree murder, you will face a life sentence with the possibility of parole. However, you must serve a minimum of seven years in state prison. First-degree murder is also known as “premeditated” murder.
If you are convicted of attempted second-degree murder, you will face up to nine years in state prison. Second-degree murder is any murder that is not willful, deliberate and premeditated. Premeditated murder is murder that was planned or considered before the killing took place.
An attempted first or second-degree murder conviction will subject you to additional penalties. You will face up to $10,000 in court fines and may lose your right to own, possess or acquire a firearm under California Penal Code section 12021.
Attempted murder is also a violent felony under California Penal Code section 667.5. A conviction for attempted murder will count as a “strike” on your criminal record.