Articles Posted in Attempted Murder

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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

Attempted Murder in CaliforniaIf 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.

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In Los Angeles this week, a 21-year-old man who is accused in the off-campus shooting of two USC students at a party a couple of weeks ago, plead not guilty in court this week. Tyson Tyree Smith is charged with two counts each of attempted murder and assault with a semiautomatic firearm


The two victims confronted Smith at the party in the earlier morning hours after they thought he was trying to take some personal property. Apparently, Smith shot the unidentified female in the hand and a male in the stomach. The male victim is lucky to be alive. He was released from the hospital recently. Smith, a local resident was arrested this week.

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How an Experienced Southern California Criminal Defense Attorney can Make Sure You or a Loved One is Competently Represented if Accused of Assault with a Deadly Weapon or Attempted Murder

A 25-year-old woman was arrested on suspicion of attempted murder after police say she stabbed her boyfriend multiple times during an argument Thursday morning at an apartment complex.

Police got a call shortly after 9 a.m. regarding a woman and a man fighting with a knife at the Rose Pointe apartments in the 1400 block of South Highland Avenue, Sgt. Andrew Goodrich said. Officers found a 34-year-old man in the pool area suffering from numerous stab wounds to his back and torso, Goodrich said. The man, whose name has not been released, was taken to UCI Medical Center in Orange in “very critical” condition, he said.

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California Supreme Court Holds Attempted Murder May Be Found Where The Defendant Shoots At Group Of People With Intent To Kill A Person And Not Specific Victim

A recent ruling by the California Supreme Court underscores the necessity of hiring an aggressive criminal defense attorney. The Court held in People v. Stone, that a defendant could properly be convicted of attempted murder, even if the defendant did not intend to kill a specific victim. In Stone, the defendant was charged with one count of attempted murder after he shot into a group of approximately 10 people.

Attempted murder requires “the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing.” The California Supreme Court heard the Stone case after the Court of Appeal reversed the attempted murder conviction. The appellate court reversed the conviction, concluding that the evidence showed that the defendant intended to kill someone, but not specifically the person he was charged with attempting to kill.

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