California Attempted Crimes Law: Penal Code 664 PC

Many people assume that if a criminal act was never completed, criminal charges cannot be filed. Under California law, this is a dangerous misconception.

California Penal Code 664 PC, in conjunction with Penal Code 21a, makes it a distinct criminal offense to attempt a crime.

If law enforcement interrupts a suspect, or if the plan fails due to an unexpected intervention, prosecutors can still pursue severe penalties.

Under California's generic attempt statute, an attempt conviction generally carries one-half the jail or prison sentence of the completed target crime.

However, serious or violent felonies like premeditated attempted murder carry unique, lifelong sentences.

Quick Reference Summary Chart: CA Attempted Crimes

Attempted Charge Level	Standard Sentencing Framework under PC 664	Sentencing Exceptions	Strike Potential
Misdemeanor Attempt	Up to one-half of the maximum county jail sentence allowed for the completed misdemeanor	None	Non-Strike
Standard Felony Attempt	Up to one-half of the California state prison sentence assigned to the completed felony	Penalties scale higher if dangerous weapons or great bodily injury occur	Depends on the underlying target felony
Attempted Murder (PC 664/187)	Does not follow the one-half rule: • 5, 7, or 9 years in state prison (Standard) • Life with the possibility of parole (Premeditated)	Life without parole if targeted at a peace officer, firefighter, or protected on-duty official	Counts as a permanent "Strike"

Legal Elements: What the Prosecution Must Prove

To secure an attempt conviction under Penal Code 21a, a California prosecutor must establish two core elements beyond a reasonable doubt:

Specific Intent: The defendant possessed the explicit, specific intent to commit the underlying target crime. Accidental or reckless behavior that resembles preparation does not satisfy this requirement.
A Direct Step: The defendant took a direct, unambiguous step toward completing the crime. This step must go completely beyond mere planning or preparation; it must show that the crime would have been completed had an outside interruption or failure not intervened.

Real-World Example Scenario

The Interrupted Commercial Heist: An individual forms a detailed plan to commit a commercial burglary at a local electronics retailer after hours. They purchase specialized lock-picking tools, drive to the location at midnight, and physically begin prying open the rear security door.

Before they can unlock or penetrate the doorway, a private security vehicle rounds the corner. The individual drops their tools and flees the scene. Even though they never stepped foot inside the retail building and stole absolutely zero merchandise, the individual has violated Penal Code 664/459 PC (Attempted Burglary). Their physical manipulation of the door lock constitutes a "direct step" going far beyond basic preparation.

Commonly Prosecuted Attempted Crimes in California

Law enforcement agencies frequently leverage undercover sting operations, digital surveillance, and rapid responses to arrest individuals before a crime is completed. Common attempt charges include:

Attempted Murder – Penal Code 664/187 PC

Occurs when someone takes a direct action to kill another person but the victim survives. Examples include shooting at someone and missing or inflicting a non-fatal stab wound. Premeditated attempted murder carries a life sentence.

Attempted Robbery – Penal Code 664/211 PC

When a suspect attempts to take personal property directly from a victim's immediate presence using physical force or fear, but fails to obtain the property (e.g., an armed carjacker flees because they cannot start a manual transmission vehicle).

Attempted Rape – Penal Code 664/261 PC

Taking a substantial, physical step toward forced, non-consensual sexual intercourse where the act is interrupted or the victim successfully fights back and escapes.

Attempted Arson – Penal Code 664/451 PC

Gathering accelerants, pouring them onto a structure, and striking a match with the explicit intent to burn the property, even if the flame fizzles out without scorching the building.

Strategic Legal Defenses Against PC 664 Charges

Defending against an attempted crime charge often hinges on demonstrating what the defendant was thinking or doing before the intervention occurred. Common strategies include:

Mere Preparation vs. a Direct Step

A defense attorney can argue that the client's actions never progressed past the stage of thinking, planning, or preparing. Walking around a neighborhood while carrying tools is highly suspicious, but it does not constitute a direct step toward a burglary until the suspect actively attempts to breach a structure.

Lack of Specific Intent

If a person's conduct was accidental, negligent, or lacked a defined criminal objective, they cannot be convicted of an attempt. For instance, a highly distracted retail shopper who walks past a cash register while holding an item inside an unzipped purse lacks the explicit, specific intent required for attempted grand or petty theft.

Voluntary Abandonment

If a defendant freely and completely walks away from completing a crime before being discovered, interrupted, or hindered by an outside force, it demonstrates a lack of ongoing criminal intent. While voluntary abandonment is not an automatic shield in every case, it strongly undermines the prosecution's claim that a final, direct step was taken.

Frequently Asked Questions

Can you be legally convicted of attempting a crime that was physically impossible to complete?

Yes. Under California law, factual impossibility is generally not a valid defense. If you have the specific intent to commit a crime and take a direct step toward doing so, you can be convicted even if an unknown external factor made the crime impossible (e.g., attempting to break into an empty safe that you mistakenly believed contained cash).

Is planning a crime online with someone enough to face an attempt charge?

No. Simply discussing a crime, buying tools, or conducting online research falls under the category of preparation. However, entering into an agreement with another person to commit a crime can expose you to an entirely separate charge of criminal conspiracy, which does not require a direct step toward the final offense.

Do California attempt charges count as strikes under the Three Strikes Law?

It depends entirely on the underlying target offense. If you are charged with attempting a serious or violent felony—such as attempted murder, attempted robbery, or attempted first-degree residential burglary—an attempt conviction will count as a permanent strike on your criminal record.

Can an attempted crime charge be downgraded during a plea negotiation?

Yes. Because attempt cases heavily rely on circumstantial evidence regarding a defendant's intent, prosecutors often face structural hurdles proving what a suspect intended to do. An experienced defense firm can exploit these gray areas to negotiate a reduction to a lesser, non-violent misdemeanor charge.

What is the standard prison sentence for premeditated attempted murder?

While standard felony attempts follow the one-half sentencing rule, premeditated attempted murder is a major statutory exception. If the prosecution proves the attempt was willful, deliberate, and premeditated, the defendant faces an adult state prison sentence of life with the possibility of parole.

Can you face attempt charges if you voluntarily change your mind at the last second?

If you have already taken a direct, substantial step toward executing the crime, you have technically already completed the offense of "attempt." However, if you change your mind and abandon the plan entirely on your own accord before taking that final, decisive step, your voluntary withdrawal can serve as an exceptionally strong defense.

Related California Criminal Statutes

Penal Code 182 PC – Criminal Conspiracy: Agreeing with one or more individuals to commit any crime, paired with an overt act by any member of the group to advance that agreement.
Penal Code 664/211 PC – Attempted Robbery: A specific, heavily prosecuted attempt hybrid that carries unique sentencing structures distinct from the standard one-half rule.
Penal Code 21a PC – Definition of Attempt: The foundational statute establishing the exact legal criteria of intent and direct action required for all attempt prosecutions.
Penal Code 664/459 PC – Attempted Burglary: Executing a direct step to enter a commercial or residential structure with the intent to commit a theft or felony inside.

Consult a Specialized California Defense Firm

Facing a criminal prosecution under Penal Code 664 PC can carry life-altering penalties, even if no actual harm or property loss occurred.

Because attempt cases rely heavily on how police and prosecutors interpret your private thoughts and incomplete actions, these charges are highly fact-sensitive and aggressively fought by skilled advocates.

Eisner Gorin LLP has decades of experience defending individuals against complex felony and misdemeanor attempt allegations throughout Los Angeles and Southern California.

Our legal team will rigorously evaluate the police narrative, challenge the state's claims regarding "direct steps," and fight to secure a complete dismissal or reduction of your charges.

Eisner Gorin LLP can help you. Schedule your consultation by calling (818) 781-1570 or using the contact form.

Attempted Crimes