PC 664/187 – Attempted Murder Under California Law

PC 664/187 is the citation used when California prosecutors charge attempted murder — combining PC 664, the general attempt statute, with PC 187, the murder statute. Attempted murder applies when a person takes a direct step toward killing another person with the specific intent to kill, but the victim survives. Despite the absence of a death, attempted murder is punished severely, and a conviction for willful, deliberate, and premeditated attempted murder can carry a life sentence.

What PC 664/187 Prohibits

To convict someone of attempted murder, prosecutors must show more than an angry confrontation or a reckless act — they must prove the defendant specifically intended to kill another person and took a direct, unambiguous step toward carrying out that intent. This requirement of specific intent to kill is one of the most important distinctions between attempted murder and completed murder, since a completed murder charge can rest on implied malice while attempted murder cannot.

Elements the Prosecution Must Prove

1. The defendant took a direct but ineffective step toward killing another person.
   Mere preparation is not enough. The defense can argue the defendant’s conduct never advanced beyond planning or preparation and did not rise to a “direct step.”
2. The defendant specifically intended to kill that person.
   This is often the most heavily litigated element. The defense may argue the evidence shows intent to injure or frighten, not to kill — which would not satisfy this element.

Willful, Deliberate, and Premeditated Attempted Murder

If the prosecution proves the attempt was willful, deliberate, and premeditated — meaning it was the product of actual reflection rather than a rash or impulsive act — the potential sentence increases substantially, up to life in state prison with the possibility of parole. Our Attempted Murder Penalties post breaks down how courts evaluate premeditation in these cases.

Penalties for PC 664/187 Attempted Murder

Firearm-use enhancements frequently accompany attempted murder charges and can add 10, 20, or 25 years to life to a sentence depending on whether a firearm was used, discharged, or caused great bodily injury.

Defenses to PC 664/187 Charges

Because specific intent to kill is required, many defenses focus on showing the defendant’s true intent was something other than killing — such as intent to scare, injure, or defend against a perceived threat. Common defenses include self-defense or defense of others, lack of specific intent, mistaken identity, and arguments that the conduct never advanced beyond mere preparation. Our Violent Crimes Defense team evaluates each of these defenses in light of the specific evidence in your case.

Related Statutes

• PC 187 (Murder) — the completed offense that attempted murder is based on; see PC 187 — Murder.
• PC 245 (Assault with a Deadly Weapon) — often charged alongside or as an alternative to attempted murder when intent to kill is disputed.
• PC 12022.53 (Firearm Use Enhancement) — frequently applied when a firearm is used during an attempted murder.

Last updated: July 2026. California homicide and attempt law is subject to legislative and case-law changes; this page should be reviewed periodically to confirm penalty ranges remain current.

Contact an Attempted Murder Defense Attorney

If you are facing PC 664/187 attempted murder charges, the intent element of this case is often where it will be won or lost. Contact KN Law Firm’s violent crimes defense team today at (888) 950-0011 for a free, confidential consultation.