Los Angeles Attempted Murder Defense Lawyer

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Attempted Murder Defense Lawyer in Los Angeles

If you have been charged with attempted murder in Los Angeles you are facing one of the most serious felony charges in California. The difference between first degree and second degree attempted murder is the difference between 5 to 9 years in state prison and life with the possibility of parole and that distinction turns on whether the prosecution can prove the act was willful, deliberate, and premeditated. When a firearm was involved mandatory enhancements add 10, 20, or 25 years to life on top of the base sentence. At The Law Offices of Arash Hashemi our Los Angeles attempted murder lawyer has spent over 20 years defending clients against attempted murder and serious violent felony charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Attempted Murder Charges in California — What You Are Facing

Attempted murder is charged under Penal Code 664/187 and requires proof that the defendant took a direct step toward killing another person with the intent to kill. Unlike murder the victim survives but the prosecution treats these cases with the same aggression and resources they bring to homicide prosecutions. The charge is divided into first and second degree based on whether the prosecution can establish premeditation and deliberation and that distinction determines everything about the sentencing exposure.

First degree attempted murder requires proof the killing was willful, deliberate, and premeditated meaning the defendant thought about and decided to kill before acting. A conviction carries life with the possibility of parole. Second degree attempted murder covers intentional attempted killings that were not premeditated and carries 5, 7, or 9 years in state prison. The practical difference between those two outcomes is enormous and the premeditation question is where most attempted murder defenses focus their greatest effort.

When a firearm was used during the attempted murder PC 12022.53 enhancements apply consecutively on top of the base sentence. Personally using a firearm adds 10 years. Personally discharging a firearm adds 20 years. Discharging a firearm and causing great bodily injury adds 25 years to life. When both a first degree attempted murder conviction and a discharge causing great bodily injury enhancement are combined the total exposure can exceed 50 years before any prior strike convictions are considered.

When the alleged victim was a peace officer the charge carries enhanced penalties and is treated as first degree attempted murder regardless of whether premeditation can be established. Gang enhancements under PC 186.22 apply when the prosecution alleges the attempted murder was committed to benefit a criminal street gang and can add 10 years to life on top of the base sentence depending on the specific allegation.

How California Law Distinguishes First and Second Degree Attempted Murder

The premeditation and deliberation question is the central battleground in most attempted murder cases. The prosecution argues premeditation through the planning and circumstances surrounding the act — the defendant obtained a weapon in advance, lay in wait, made statements about intent to kill, or engaged in conduct consistent with a planned killing. The defense challenges premeditation by presenting evidence that the act arose from a sudden impulse, an emotional reaction, or circumstances that did not involve prior planning or deliberate decision-making.

Reducing a first degree attempted murder charge to second degree is one of the most important outcomes the defense can achieve because it transforms a life sentence into a determinate term of 5 to 7 or 9 years. That reduction does not require an acquittal and it is pursued through jury instructions, evidence presentation, and in some cases through pretrial negotiations when the premeditation evidence is genuinely weak.

Attempted voluntary manslaughter under PC 664/192 is a lesser included offense that the defense can pursue when the facts support a heat of passion or imperfect self-defense theory. Attempted voluntary manslaughter carries 2.5, 3.5, or 4.5 years in state prison — a dramatically lower sentence than either degree of attempted murder and one that becomes the defense target when the evidence supports an argument that the defendant acted under adequate provocation or under an unreasonable but genuine belief in the need for self-defense.

How We Defend Attempted Murder Charges in Los Angeles

Attempted murder cases are built on eyewitness identification, physical evidence, surveillance footage, and in many cases gang expert testimony. Every one of those evidence types is subject to challenge and our criminal defense attorney examines each one from the first consultation.

Eyewitness identification is among the least reliable forms of evidence and it is the foundation of many attempted murder prosecutions. Witnesses who observed a fast-moving violent incident under stress, in poor lighting, or from a distance make mistakes and those mistakes can be exposed through the circumstances of the observation, inconsistencies in prior descriptions, and the reliability of the identification procedure law enforcement used.

When gang evidence is alleged our criminal defense attorney challenges the gang expert’s methodology, the basis for their opinion that the defendant is an active gang member, and whether the specific conduct actually benefited the gang as required by PC 186.22. Successfully defeating a gang enhancement in an attempted murder case can remove years from the sentencing exposure and change the entire trajectory of the case.

The intent to kill element is also frequently contested. The prosecution must prove the defendant specifically intended to kill the victim rather than merely injure them. When the circumstances are ambiguous about whether the defendant intended death or serious injury the intent element can be challenged and a reduction to a lesser charge becomes viable.

Case Results

Our Los Angeles attempted murder lawyer has secured significant outcomes in these cases throughout Los Angeles County. In one matter a client charged with attempted murder under PC 664/187 claimed self-defense after an altercation. The charge was initially reduced to attempted voluntary manslaughter with a gun enhancement that carried substantial additional prison time. Attorney Hashemi filed a PC 995 motion challenging the charges and after extensive oral arguments the court determined the client had acted in self-defense. All charges were dismissed entirely.

In a separate case a client in Pasadena faced attempted murder, assault with a firearm, accessory after the fact, and gang enhancements that together carried a potential sentence of 25 years to life in state prison. Three co-defendants were charged alongside our client. Over the course of eighteen months Attorney Hashemi conducted an extensive investigation and gathered substantial evidence demonstrating the client was not directly involved in the charged conduct. The charges were significantly reduced and the client received a six-year sentence rather than the 25 years to life the prosecution was seeking.

Every case is different and prior results do not guarantee a future outcome. What these cases reflect is the difference that early thorough investigation and aggressive pretrial motion practice can make in an attempted murder case.

Contact a Los Angeles Attempted Murder Lawyer Today

Attorney Arash Hashemi has defended clients against attempted murder and serious violent felony charges throughout Los Angeles County for over 20 years. He understands how the District Attorney’s office approaches these cases at each filing location, how to challenge identification evidence and gang allegations, how to fight the premeditation element that separates a life sentence from a determinate term, and where the defense has the most leverage at every stage from arraignment through trial. When you retain our firm Attorney Hashemi will personally review the facts of your case, analyze the evidence, explain your options clearly, and build a defense strategy focused on the best available outcome from day one. You work directly with Attorney Hashemi at every stage of your case from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing attempted murder and serious violent felony charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.