Criminal Attempt

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1. What is Penal Code § 664?

Penal Code § 664 is a California statute that deals with the crime of attempt. This law addresses situations where an individual intends to commit a crime and takes a direct, but ineffective, step toward its commission. Under Penal Code § 664, attempting to commit a crime is punishable even if the crime itself was not completed.

Key Elements of Penal Code § 664

Intent:
- The individual must have had a specific intent to commit a particular crime. Mere preparation or planning without intent is not enough.
Direct Step:
- The person must have taken a direct, unequivocal step toward committing the crime. This step must go beyond mere preparation and demonstrate that the individual was actively attempting to complete the crime.
Failure to Complete:
- The crime must not have been completed. The attempt statute applies when the intended crime is not successfully carried out.

Examples of Attempt under Penal Code § 664

Attempted Burglary:
- If a person tries to break into a house by tampering with the lock but is caught before entering, they can be charged with attempted burglary under Penal Code § 664.
Attempted Robbery:
- If someone approaches another person with the intent to rob them and reaches into their pocket, but the victim escapes before anything is taken, the perpetrator can be charged with attempted robbery.
Attempted Murder:
- If an individual shoots at someone with the intent to kill but misses or the victim survives, the shooter can be charged with attempted murder.

Penalties for Violating Penal Code § 664

The penalties for an attempt under Penal Code § 664 vary depending on the crime that was attempted:

Attempt to Commit a Felony:
- Generally, the penalty for attempting to commit a felony is half the sentence of the completed crime. For example, if the completed felony carries a sentence of six years, an attempt may be punishable by up to three years in prison.
Attempt to Commit a Misdemeanor:
- Attempting to commit a misdemeanor can result in a penalty of up to half the maximum sentence of the misdemeanor. For example, if the misdemeanor carries a penalty of one year in jail, an attempt may be punishable by up to six months in jail.

Penal Code § 664 addresses the crime of attempt in California, applying to situations where an individual takes direct steps toward committing a crime but fails to complete it. The statute requires specific intent and a direct act toward the crime’s commission. Penalties for attempts vary based on the nature of the intended crime, generally resulting in half the punishment prescribed for the completed offense. Understanding Penal Code § 664 is crucial, as it emphasizes that even unsuccessful criminal endeavors can lead to significant legal consequences.

Penal Code § 664 Law Reads As Followed:

Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows:

(a) If the crime attempted is punishable by imprisonment in the state prison, or by imprisonment pursuant to subdivision (h) of Section 1170, the person guilty of the attempt shall be punished by imprisonment in the state prison, or by imprisonment pursuant to subdivision (h) of Section 1170, for one-half the term of imprisonment prescribed upon a conviction of the offense attempted.

(b) If the crime attempted is punishable by imprisonment in a county jail, the person guilty of the attempt shall be punished by imprisonment in the county jail for not more than one-half the term of imprisonment prescribed upon a conviction of the offense attempted.

(c) If the crime attempted is punishable by a fine, or by imprisonment in the county jail, or by both, the person guilty of the attempt shall be punished by a fine or by imprisonment in the county jail, or by both, in an amount or for a term not to exceed one-half the greatest term of imprisonment or the maximum fine, or both, that may be imposed upon a conviction of the offense attempted.

(d) If the crime attempted is punishable by death, or by imprisonment in the state prison for life with the possibility of parole, the person guilty of the attempt shall be punished by imprisonment in the state prison for five, seven, or nine years.

(e) If the crime attempted is punishable by imprisonment in the state prison for life without the possibility of parole or by death, the person guilty of the attempt shall be punished by imprisonment in the state prison for life with the possibility of parole.

(f) The provisions of this section shall be applicable in any case where a person is convicted of two or more attempts to commit crimes.

2. Examples of Penal Code § 664

Penal Code § 664 is a California statute that addresses the crime of attempting to commit an offense. This law applies when an individual intends to commit a crime, takes a direct step toward its commission, but ultimately fails to complete it. Here are some examples to illustrate how Penal Code § 664 is applied in various situations.

Example 1: Attempted Burglary

Scenario: Jane plans to break into a neighbor’s house to steal valuable items. She gathers tools, approaches the house at night, and starts prying open a window. However, a neighbor notices her and calls the police, who arrive and arrest Jane before she can enter the house.

Outcome: Jane can be charged with attempted burglary under Penal Code § 664. Although she did not succeed in entering the house and stealing anything, her actions demonstrated a clear intent to commit burglary and she took a direct step toward committing the crime.

Example 2: Attempted Robbery

Scenario: Tom decides to rob a convenience store. He enters the store with a fake gun, points it at the cashier, and demands money. The cashier manages to activate the silent alarm, and the police arrive before Tom can take any money.

Outcome: Tom can be charged with attempted robbery. His actions of threatening the cashier with a weapon and demanding money show his intent to commit robbery, and his direct steps toward executing the crime qualify under Penal Code § 664.

Example 3: Attempted Murder

Scenario: Lisa has a heated argument with her ex-partner, John. In a fit of rage, she takes a knife and lunges at him, intending to kill him. John manages to dodge the attack and escapes unharmed.

Outcome: Lisa can be charged with attempted murder. Despite John not being harmed, Lisa’s intent to kill and her direct action of attempting to stab him meet the criteria for an attempted murder charge under Penal Code § 664.

Example 4: Attempted Fraud

Scenario: Mark devises a scheme to defraud his employer by creating fake invoices and plans to transfer the money to his personal account. He prepares all the documents and initiates the transfer process, but the fraud is detected by the company’s financial department before any money is transferred.

Outcome: Mark can be charged with attempted fraud. His preparation of fake invoices and initiation of the transfer process demonstrate his intent and direct steps toward committing fraud, even though the crime was not completed.

Example 5: Attempted Kidnapping

Scenario: Alex plans to kidnap a wealthy businessman’s child for ransom. He rents a van, parks near the child’s school, and waits for an opportunity to grab the child. However, school security notices his suspicious behavior and calls the police, who arrest Alex before he can carry out his plan.

Outcome: Alex can be charged with attempted kidnapping. His actions of renting a van, parking near the school, and waiting to abduct the child show his intent and direct steps toward committing the crime.

Summary

Penal Code § 664 covers a wide range of attempted crimes in California, where the perpetrator has the intent and takes significant steps toward committing a crime but ultimately fails. Examples such as attempted burglary, robbery, murder, fraud, and kidnapping illustrate how this statute is applied. Even if the crime is not completed, the law ensures that individuals who demonstrate clear intent and take direct actions toward committing an offense are held accountable. Understanding these examples highlights the importance of intent and action in determining criminal liability under Penal Code § 664.

3. Common Defenses Against Penal Code § 664 PC:

Facing charges under Penal Code § 664 for attempting to commit a crime in California is a serious matter that can result in significant legal consequences. However, several legal defenses can be employed to challenge these charges. This article explores some of the most common defenses used to contest allegations of attempted crimes under Penal Code § 664.

1. Lack of Intent

One of the fundamental elements the prosecution must prove in an attempt case is that the defendant had the specific intent to commit the crime. If the defense can demonstrate that the defendant did not have the requisite intent, the charges may be dismissed.

No Criminal Intent: The defendant may argue that they did not intend to commit the underlying crime. For example, if a person was present at the scene by coincidence or had no knowledge of the criminal plan, they lacked the necessary intent.
Misunderstanding or Miscommunication: In some cases, actions that appear criminal might be the result of a misunderstanding or miscommunication. Proving this can show that the defendant did not have the intent to commit a crime.

2. No Direct Step Toward the Crime

For an attempted crime charge under Penal Code § 664, the prosecution must show that the defendant took a direct step toward committing the crime, beyond mere preparation. If it can be shown that no such step was taken, the defense can argue that there was no attempt.

Mere Preparation: Actions that are preparatory but do not constitute a direct step toward the commission of the crime are not sufficient for an attempt charge. The defense can argue that the defendant was merely preparing but had not yet taken a significant step toward committing the crime.
Abandonment: If the defendant voluntarily abandoned their plan to commit the crime before taking any direct steps, this can be used as a defense. The defense must show that the abandonment was genuine and not influenced by the likelihood of being caught.

3. Impossibility

The defense of impossibility can be divided into two categories: factual impossibility and legal impossibility.

Factual Impossibility: This defense argues that it was factually impossible for the defendant to complete the crime because of circumstances unknown to them. For example, if a person attempts to pick an empty pocket, they cannot be charged with attempted theft because there was no property to steal.
Legal Impossibility: This defense asserts that even if the defendant’s actions were carried out as intended, they would not constitute a crime. For example, attempting to smuggle a substance believed to be illegal but is actually legal would fall under this defense.

4. Lack of Evidence

The prosecution bears the burden of proving each element of the attempted crime beyond a reasonable doubt. The defense can challenge the sufficiency and credibility of the evidence presented.

Insufficient Evidence: The defense can argue that the prosecution has not provided enough evidence to prove that the defendant intended to commit the crime or took a direct step toward its commission.
Questionable Witness Testimony: The defense can question the reliability and credibility of witnesses who testify against the defendant, highlighting inconsistencies or motives to lie.

5. Entrapment

Entrapment occurs when law enforcement officers induce a person to commit a crime they would not have otherwise committed. If the defense can prove entrapment, the charges may be dismissed.

Inducement by Law Enforcement: The defense must show that law enforcement officers initiated the idea of committing the crime and persuaded the defendant to engage in the criminal activity.
Lack of Predisposition: The defendant must demonstrate that they were not predisposed to commit the crime and only did so due to the law enforcement’s persuasion or coercion.

Conclusion

Facing charges under Penal Code § 664 can be daunting, but there are several effective defenses that can be employed to challenge these allegations. Lack of intent, no direct step toward the crime, impossibility, lack of evidence, and entrapment are among the most common strategies used by defense attorneys. Each case is unique, and the applicability of these defenses will depend on the specific circumstances and evidence involved. It is crucial for individuals charged with an attempted crime to seek experienced legal representation to explore these defenses and protect their rights.

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4. The Penalties for Violating Penal Code § 664

Penal Code § 664 in California addresses the crime of attempting to commit an offense. Even if the intended crime is not completed, the attempt can still result in significant legal consequences. The penalties for violating Penal Code § 664 depend on the nature of the crime that was attempted. This article explores the various penalties associated with attempted crimes under Penal Code § 664.

General Rule for Attempted Crimes

The penalties for attempting a crime are typically less severe than those for the completed offense. However, the consequences can still be substantial and impact various aspects of a person’s life.

Attempt to Commit a Felony

General Felony Attempts: If the crime attempted is a felony, the punishment is usually half the term of imprisonment prescribed for the completed felony. For example, if the completed felony carries a sentence of six years in state prison, the attempted felony may result in up to three years in state prison.
Examples:
- Attempted Burglary: If burglary is punishable by up to six years, an attempted burglary could result in a sentence of up to three years.
- Attempted Robbery: If robbery is punishable by up to five years, an attempted robbery could result in a sentence of up to two and a half years.

Attempt to Commit a Misdemeanor

General Misdemeanor Attempts: If the crime attempted is a misdemeanor, the punishment is usually half the maximum sentence prescribed for the completed misdemeanor. For example, if the completed misdemeanor carries a sentence of one year in county jail, the attempted misdemeanor may result in up to six months in county jail.
Examples:
- Attempted Petty Theft: If petty theft is punishable by up to six months, an attempted petty theft could result in a sentence of up to three months.
- Attempted Vandalism: If vandalism is punishable by up to one year, an attempted vandalism could result in a sentence of up to six months.

Attempt to Commit a Crime Punishable by Death or Life Imprisonment

Death or Life with Possibility of Parole: If the crime attempted is punishable by death or life imprisonment with the possibility of parole, the punishment for the attempt is five, seven, or nine years in state prison.
Life Without Parole or Death: If the crime attempted is punishable by life imprisonment without the possibility of parole or death, the punishment for the attempt is life imprisonment with the possibility of parole.
Examples:
- Attempted Murder (if punishable by life with parole): If the completed crime is punishable by life with the possibility of parole, the attempted crime could result in a sentence of five, seven, or nine years.
- Attempted Kidnapping for Ransom (if punishable by life without parole or death): If the completed crime is punishable by life without parole or death, the attempted crime could result in a sentence of life with the possibility of parole.

Additional Consequences

In addition to imprisonment and fines, a conviction for an attempted crime under Penal Code § 664 can lead to several other consequences:

Criminal Record: A conviction results in a permanent criminal record, which can affect future employment, housing, and educational opportunities.
Probation: In some cases, the court may grant probation instead of or in addition to imprisonment. Probation conditions can include community service, counseling, and regular check-ins with a probation officer.
Fines: Depending on the severity of the crime attempted, the court may impose significant fines in addition to imprisonment or probation.
Restitution: The court may order the defendant to pay restitution to any victims for damages or losses caused by the attempted crime.

Penal Code § 664 imposes significant penalties for attempted crimes in California, with the severity of the punishment depending on the nature of the crime attempted. The penalties for attempts are generally half of those for the completed offense but can still result in imprisonment, fines, and a permanent criminal record. Understanding the penalties associated with Penal Code § 664 highlights the serious legal consequences of attempting to commit a crime, even if the crime is not successfully completed. Seeking experienced legal representation is crucial for anyone facing charges under this statute to navigate the legal process and potentially mitigate the penalties.

5. Related Offenses To Penal Code § 664:

Penal Code § 664 in California addresses the crime of attempting to commit an offense. However, there are several related offenses under California law that also involve incomplete or preparatory actions towards committing a crime, as well as other crimes that can be associated with attempted crimes. Understanding these related offenses helps provide a broader perspective on the legal landscape surrounding attempts to commit crimes. Here are some key related offenses:

1. Penal Code § 21a: Attempt Defined

Definition: Penal Code § 21a defines what constitutes an attempt to commit a crime in California. It specifies that an attempt consists of a specific intent to commit the crime and a direct but ineffectual act done towards its commission.
Relationship to § 664: This statute clarifies the legal definition and requirements of an attempt, which are applied when prosecuting crimes under Penal Code § 664.

2. Penal Code § 182: Conspiracy

Definition: Penal Code § 182 defines conspiracy as an agreement between two or more persons to commit a crime, accompanied by an overt act in furtherance of the conspiracy.
Penalties: The penalties for conspiracy are generally the same as those for the attempted crime, reflecting the seriousness of planning and taking steps towards committing a crime.
Relationship to § 664: Conspiracy and attempt both involve preparatory actions, but conspiracy requires an agreement and an overt act by multiple parties, while an attempt can be committed by a single individual.

3. Penal Code § 653f: Solicitation of a Crime

Definition: Penal Code § 653f makes it a crime to solicit another person to commit certain offenses, such as murder, robbery, burglary, or theft.
Penalties: The penalties for solicitation vary depending on the severity of the solicited crime, but they generally involve significant fines and imprisonment.
Relationship to § 664: Solicitation involves urging someone else to commit a crime, while an attempt involves taking direct steps towards committing the crime oneself. Both are serious offenses reflecting criminal intent.

4. Penal Code § 496: Receiving Stolen Property

Definition: Penal Code § 496 makes it a crime to buy, receive, possess, or sell property that is known to be stolen.
Penalties: Receiving stolen property can be charged as either a misdemeanor or a felony, with penalties including imprisonment, fines, or both.
Relationship to § 664: Attempting to receive stolen property falls under Penal Code § 664 if the crime is not completed, reflecting the intent to engage in illegal activity.

5. Penal Code § 484: Theft

Definition: Penal Code § 484 defines theft as the unlawful taking of someone else’s property with the intent to permanently deprive them of it.
Penalties: Theft can be charged as petty theft or grand theft, depending on the value of the property stolen, with varying penalties.
Relationship to § 664: Attempted theft falls under Penal Code § 664 when the crime is not completed, highlighting the intent and actions taken towards committing the theft.

6. Penal Code § 459: Burglary

Definition: Penal Code § 459 defines burglary as entering a structure with the intent to commit theft or any felony once inside.
Penalties: Burglary can be charged as either a first-degree or second-degree felony, with severe penalties including imprisonment and fines.
Relationship to § 664: Attempted burglary is prosecuted under Penal Code § 664 when the burglary is not completed, showing the steps taken towards committing the crime.

Several related offenses complement Penal Code § 664, addressing various forms of incomplete or preparatory actions toward committing crimes. These include the legal definitions of attempt, conspiracy, solicitation, receiving stolen property, theft, and burglary. Understanding these related offenses provides a comprehensive view of how California law addresses criminal intent and actions taken towards committing crimes, even if those crimes are not successfully completed. Each of these offenses carries significant legal consequences, underscoring the importance of understanding and adhering to the law.

6. Why Are Attempted Crimes Punishable?

Attempted crimes are offenses where an individual takes substantial steps toward committing a crime but ultimately fails to complete it. In California, Penal Code § 664 outlines the penalties for such attempts. The legal system’s rationale for punishing attempted crimes is rooted in several key principles that aim to maintain public safety, deter criminal behavior, and uphold justice. Here’s why attempted crimes are punishable:

1. Deterrence

Discouraging Criminal Behavior: Punishing attempted crimes serves as a deterrent to individuals who might consider engaging in criminal activity. Knowing that even failed attempts can lead to serious consequences discourages people from initiating criminal actions.
Preventing Escalation: By punishing attempts, the law aims to prevent situations where individuals might escalate their actions if initial attempts are not penalized. This proactive approach helps reduce overall criminal activity.

2. Public Safety

Protecting the Community: Individuals who attempt crimes often pose a threat to public safety. Even if their actions do not result in a completed crime, the intent and effort to commit a crime indicate a willingness to harm others or disrupt societal order.
Intervention Before Harm: Punishing attempts allows law enforcement and the judicial system to intervene before a crime is fully realized, potentially preventing harm to victims and damage to property.

3. Reflecting Criminal Intent

Establishing Intent: Attempted crimes demonstrate clear criminal intent. The law recognizes that intent to commit a crime is a crucial element of culpability. Punishing attempts ensures that individuals who intend to break the law are held accountable, even if they do not succeed.
Moral Blameworthiness: The intent to commit a crime is morally blameworthy, and punishing attempts reflects society’s condemnation of such intentions. It reinforces the principle that intending to harm others or violate the law is itself a serious offense.

4. Encouraging Lawful Behavior

Promoting Law-Abiding Conduct: By imposing penalties on attempted crimes, the legal system encourages individuals to refrain from engaging in any criminal behavior. It reinforces the importance of adhering to the law and promotes a culture of lawfulness.
Incentivizing Desistance: Knowing that even an unsuccessful attempt can lead to punishment incentivizes individuals to desist from criminal actions before they take substantial steps toward completion.

5. Providing Justice

Accountability: Punishing attempted crimes holds individuals accountable for their actions and intentions. It ensures that those who plan and initiate criminal activities face consequences, upholding the principles of justice and fairness.
Victim Protection: Even in cases where a crime is not completed, the intended victims often experience fear, trauma, and potential harm. Punishing attempts acknowledges the impact on victims and provides them with a sense of justice.

Examples of Punishable Attempts

Attempted Burglary: A person breaking into a house with the intent to steal but being apprehended before completing the theft.
Attempted Robbery: An individual threatening a store clerk with a weapon to steal money but failing to take any due to police intervention.
Attempted Murder: Someone shooting at another person with the intent to kill but missing or the victim surviving.

Attempted crimes are punishable under the law because they represent a significant threat to public safety, demonstrate clear criminal intent, and reflect morally blameworthy behavior. Punishing attempts serves to deter criminal activity, protect the community, promote lawful behavior, and ensure justice for intended victims. By addressing attempts, the legal system takes a proactive stance in maintaining order and upholding societal values, reinforcing the principle that even the intention to commit a crime is a serious offense deserving of consequences.

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