California Attempted Murder Laws

Attempted murder is prosecuted under California Penal Code § 664/187(a). To convict you of attempted murder, prosecutors in Oakland must prove two elements beyond a reasonable doubt:

  • Intent to kill (malice aforethought): The prosecution must show you specifically intended to end someone’s life.
  • A direct step toward committing the killing: This means more than preparation. The state must prove you took a clear, concrete action that moved the plan forward.

There are two degrees of attempted murder:

  • First-degree attempted murder – Willful, deliberate, and premeditated actions, such as lying in wait or ambushing the alleged victim.
  • Second-degree attempted murder – An attempt to kill that was not premeditated or planned in advance.

Oakland prosecutors often use police reports, medical records from Highland Hospital or other local facilities, and witness testimony to try to establish these elements. Your attorney’s job is to break down these claims and expose weaknesses in the state’s case.

What Is Intent to Kill?

Intent is often the hardest element for the prosecution to prove in an attempted murder case. For example, if the alleged victim suffered injuries that were not life-threatening, such as a cut to the arm or leg, the evidence may point more toward an assault charge even voluntary manslaughter charges rather than attempted murder.

On the other hand, if prosecutors claim the victim sustained gunshot wounds or stab wounds directed at vital organs like the head or chest, they may argue this demonstrates an intent to kill.

An experienced Oakland attempted murder attorney will carefully analyze these claims, consult with forensic experts, review hospital reports, and challenge the prosecution’s interpretation of the injuries to protect your rights.

What Counts as a Direct Step Toward Murder?

California law distinguishes between mere preparation and a direct step toward murder. For example, firing a gun at someone, stabbing them, or planting an explosive device would generally qualify as a direct step. However, simply buying a gun or talking about committing a crime without taking further action would not.

Your Oakland defense lawyer can argue that the alleged conduct in your case does not meet the legal threshold for attempted murder.

What is the Kill Zone Theory?

In Oakland, attempted murder charges are often complicated by the kill zone theory. Under this doctrine, if someone tries to kill one person but creates a situation where others are also likely to be killed, such as shooting into a crowd outside an Oakland nightclub or during a drive-by in East Oakland, they may be charged with attempted murder of every person in that “kill zone,” not just the intended target.

This theory can be controversial and is frequently challenged in California appeals courts. A skilled defense attorney will fight to limit its application in your case.

Penalties for Attempted Murder in Oakland, CA

Attempted murder convictions carry some of the harshest penalties in California law.If convicted in Alameda County Superior Court, you could face:

  • First-degree attempted murder – Life in prison with the possibility of parole.
  • Second-degree attempted murder – Up to nine years in state prison and fines up to $10,000.
  • Gang-related attempted murder – An additional 15 years to life under California’s gang enhancement laws.
  • Firearm enhancements (“Use a Gun and You’re Done” law, PC § 12022.53):
    • 10 extra years for using a firearm
    • 20 extra years for firing a firearm
    • 25 years to life if someone suffers great bodily injury

Other related charges that are sometimes filed in Oakland attempted murder cases include:

  • Shooting at an inhabited dwelling or occupied vehicle – Up to seven years in prison or 25 years to life and fines as high as $10,000.
  • Torture (California Penal Code § 206) – Life in prison with the possibility of parole.
  • Aggravated battery – A felony conviction of aggravated battery results in up to four years in prison; fines as high as $10,000.
  • Drive-by shooting – A misdemeanor results in up to one year in jail; fines as high as $1,000. A felony conviction results in seven years to life in prison, depending on the circumstances of your case.
  • Attempted voluntary manslaughter – Felony convictions result in up to 11 years or more in prison; fines as high as $10,000.
  • Attempting to aid in a suicide – According to California Penal Code § 401, you could face up to three years in prison and pay $10,000 in fines.

Collateral Consequences in Oakland

Beyond prison and fines, a conviction for attempted murder will impact every part of your life:V

  • Loss of custody rights or visitation with your children
  • Immigration consequences, including deportation or denial of citizenship
  • Loss of professional licenses (medical, teaching, real estate, etc.)
  • Permanent criminal record, making housing and employment in Oakland difficult
  • Probation or parole restrictions that limit your freedom

These long-term consequences make it vital to fight your charges from the start.

Defending Against Attempted Murder in Oakland, CA

Attempted murder cases in Oakland are prosecuted aggressively by the Alameda County District Attorney’s Office, but every charge can and should be challenged. With help from your Oakland attempted murder lawyer, you can explore a range of defenses that may apply to you case. The right defense strategy can mean the difference between life in prison and walking away with your freedom.

Possible defenses include:

Lack of Intent to Kill

Intent is the cornerstone of an attempted murder charge. Prosecutors must prove you acted with the specific goal of ending another person’s life. Your Oakland defense attorney can argue that you never had this intent. By presenting expert testimony, medical records, and alternative explanations for your actions, your lawyer can push to reduce the charge to assault or another lesser offense.

No Direct Step Was Taken

California law requires that the accused take a “direct step” toward killing someone. Simply preparing for a crime, such as buying a weapon, making threats, or talking about committing violence, is not enough. To convict, prosecutors must prove you took a concrete action that moved the plan forward, such as firing a gun or stabbing someone. If your attorney shows that you never crossed the legal line, the attempted murder charge could be dismissed or downgraded.

Self Defense or Defense of Others

You have the right under California law to protect yourself or another person if you reasonably believe you are in imminent danger of being killed or seriously harmed. If the evidence shows that you acted to defend yourself against an attacker, your attorney can argue your actions were legally justified. For example, if someone pulled a weapon on you in East Oakland and you responded to protect your life, your attorney can use self-defense as a powerful legal shield.

False Accusations or Mistaken Identity

False allegations are more common than many people think, especially in high-stress situations like neighborhood disputes, bar fights in downtown Oakland, or alleged gang-related incidents. Witnesses may be mistaken, biased, or pressured into giving inaccurate testimony. Police may also make quick judgments during chaotic investigations. Your lawyer will carefully examine surveillance footage, body-worn police camera recordings, and inconsistencies in witness statements to reveal the truth and show that you were misidentified or falsely accused.

Lack of Mental Capacity

In some cases a person may not have been capable of forming the intent required for attempted murder due to mental illness or impairment. If your attorney can demonstrate that you lacked the mental capacity to plan or carry out an intentional killing, this could serve as a strong defense. Courts in Alameda County sometimes allow for reduced charges or alternative sentencing in cases involving mental health conditions. A thorough defense will involve psychiatric evaluations and expert testimony to support this strategy.

Challenging Sentencing Enhancements

Even when the prosecution has evidence of attempted murder, much of the prison time comes from sentencing enhancements. In Oakland, enhancements often involve firearm use under California Penal Code § 12022.53 (“Use a Gun and You’re Done”) or gang enhancements under PC § 186.22. These can add 10, 20, or even 25 years to life to a sentence. A skilled defense lawyer can challenge whether enhancements apply, argue that the facts don’t support them, or negotiate to have them dismissed.

Reducing or eliminating enhancements can make the difference between serving a decade in prison and facing a life sentence.

Why Choose Morris Law for Attempted Murder Defense in Oakland?

Attorney Seth Morris has deep experience in Alameda County Superior Court and across the Bay Area. He understands how Oakland prosecutors investigate and build violent crime cases, and he uses that insight to anticipate their strategies. From pre-trial motions to jury trial, he aggressively challenges the prosecution’s evidence, whether that means exposing flaws in witness testimony, questioning forensic results, or seeking to suppress unlawfully obtained evidence.

At Morris Law, clients receive personal attention and a defense tailored to their circumstances. Seth makes sure you understand your options at every stage, while working relentlessly to protect your freedom and reputation. When your future is on the line, you need an Oakland attempted murder lawyer who won’t back down, and Morris Law delivers that level of defense.

Contact an Oakland, CA Attempted Murder Lawyer

If you or a loved one has been charged with attempted murder in Oakland, CA, don’t wait. Prosecutors begin building their case immediately, and the sooner you have an attorney, the stronger your defense will be.

Contact Morris Law today to schedule a confidential consultation. Call 510-330-0814 or fill out our secure online form to speak directly with attorney Seth Morris, an experienced Oakland attempted murder lawyer who will fight for your future.