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Why Choose Grace Legal Group for Attempted Crimes Defense?
Facing an attempted crime charge under Penal Code § 664 PC is one of the most stressful experiences anyone can endure. Even though the crime was never completed, California law punishes “attempts” almost as harshly as the real thing. This means you could be looking at years in prison, life sentences in some cases, and a permanent criminal record that impacts your future.
A Defense Built Around You — Not Just the Law
Most firms give every client the same cookie-cutter defense. We don’t. Our team builds a personalized defense strategy that considers your background, circumstances, and long-term goals. Whether you need a strategy focused on trial, negotiation, or rehabilitation options, we tailor our approach to you — not the other way around.
We Attack the “Intent” Element Aggressively
With attempted crimes, prosecutors must prove intent beyond a reasonable doubt. This is often the weakest part of their case — and our strongest opportunity. We use psychological evaluations, digital evidence reviews, and witness statement breakdowns to show intent was unclear, misinterpreted, or nonexistent.
Early Intervention That Changes the Case Outcome
We don’t just wait for trial. We intervene early with pre-filing representation to persuade prosecutors not to press charges, or to file lesser charges instead of attempted felonies. Many of our clients have avoided court altogether because of our behind-the-scenes negotiations and proactive case work.
A Reputation for Second Chances
At Grace Legal Group, we believe people are more than their worst moment. Judges and prosecutors know our firm as one that presents compelling mitigation packages — treatment programs, education, rehabilitation, and community service options. This often leads to diversion, probation, or alternative sentencing instead of prison.
What Are Attempted Crimes in California?
Under California Penal Code § 664 PC, you can be charged with an “attempt” if you intended to commit a crime and took a direct step toward completing it — even if the crime was never carried out.
Here are the four core elements you need to understand about attempted crimes:
1. Intent to Commit a Crime
Most firms give every client the same cookie-cutter defense. We don’t. Our team builds a personalized defense strategy that considers your background, circumstances, and long-term goals. Whether you need a strategy focused on trial, negotiation, or rehabilitation options, we tailor our approach to you — not the other way around.
2. The Direct Step Requirement
California law requires more than preparation — there must be a direct and unequivocal act toward completing the crime. Actions like casing a store or buying tools may not qualify, but trying to break a lock, brandishing a weapon, or starting a fraudulent transfer usually do.
3. Failure to Complete the Crime
By definition, attempted crimes involve a crime that is not finished. If someone is interrupted, stopped by police, or fails to carry out the act (e.g., a gun jams or a safe is empty), they may still face criminal charges under PC 664.
4. Broad Application Across Offenses
Penal Code § 664 applies to a wide range of crimes — from attempted murder and robbery to attempted fraud, burglary, or kidnapping. The penalties vary depending on the severity of the crime attempted, but in many cases, they carry half the sentence of the completed offense.
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Examples of Attempted Crimes in California
Under Penal Code § 664 PC, the punishment for an attempted crime depends on the seriousness of the underlying offense. While attempts are usually punished at half the sentence of the completed crime, there are exceptions for the most severe offenses.
Scenario: A suspect approaches a residential home late at night carrying burglary tools. They begin prying open a window, clearly intending to enter and steal items. Before they gain entry, a neighbor calls the police, who arrive and arrest the suspect.
Legal Takeaway: Even though the burglary was never completed — no property was stolen, and no one entered the home — the direct step of tampering with the window can be enough to charge attempted burglary under PC 664. California courts draw a sharp line between “preparation” (like buying tools) and “action” (like prying a lock).
Scenario: A man enters a Los Angeles convenience store with a fake gun, points it at the cashier, and demands money. Before the cashier hands over any cash, the silent alarm is triggered and officers quickly arrive. The suspect flees but is later caught and charged.
Legal Takeaway: The fact that no money was actually stolen does not shield the suspect. The threatening action combined with the intent to take property constitutes an attempted robbery. Under PC 664, attempted robbery can still carry years in state prison — even though the crime was stopped.
Scenario: During a heated dispute, one individual pulls out a firearm and shoots at another with the intent to kill. The bullet misses, or the victim survives the gunshot wound.
Legal Takeaway: Attempted murder is one of the most serious attempted crimes in California. Even though the intended victim survives, prosecutors can still seek life in prison if intent to kill can be proven. Defense in these cases often revolves around challenging intent — did the shooter actually intend to kill, or was it reckless behavior without homicidal intent?
Scenario: An employee fabricates invoices to embezzle company funds. They set up a fraudulent bank transfer but the scheme is discovered before any money leaves the business account.
Legal Takeaway: While no money was stolen, the act of creating false documents and initiating a transfer can be prosecuted as attempted fraud. White-collar crimes like this show how PC 664 doesn’t just apply to violent crimes — it also applies to financial crimes where intent and direct action are clear, but the result is interrupted.
Scenario: A man rents a van and waits outside a school intending to abduct a child for ransom. He parks near the pickup zone and steps out as the children are released, but before he makes contact, school security intervenes and detains him.
Legal Takeaway: Even though the child was never taken, the planning, presence at the location, and attempt to approach the victim can constitute attempted kidnapping under PC 664. This is considered a serious violent felony with heavy prison exposure.
Scenario: A suspect arranges to sell narcotics to an undercover officer. They meet at a designated location, discuss the deal, and display the drugs. Before the exchange occurs, police move in and arrest the suspect.
Legal Takeaway: Because the suspect took direct steps — arranging the sale, showing up with the drugs, and negotiating the transaction — this can result in attempted drug sale charges. Even without a completed handoff, the law recognizes intent and overt acts as enough for prosecution.
Key Insight
Attempted crimes highlight California’s focus on criminal intent and public safety. Prosecutors do not need a completed offense to pursue harsh charges. This is why having an experienced Los Angeles attempted crimes defense attorney is critical — the defense often hinges on whether the act was truly a “direct step” or just preparation.
Penalties for Attempted Crimes in California
California law makes it clear: even when a crime is never completed, the punishment can still be life-changing. Penal Code § 664 PC sets sentencing guidelines that scale with the seriousness of the offense. While many attempted crimes are punished at half the sentence of the completed crime, others — especially violent felonies — carry penalties nearly as severe as the underlying offense.
Key Point: The difference between an attempt and a completed crime may come down to a single second, but in the eyes of the law, the penalties can feel almost identical.
See how penalties for common attempted crimes compare below:
Attempted vs. Completed Crimes in California
Attempted Petty Theft
Attempted petty theft involves taking steps to steal low-value property but failing to complete the theft. Even when no property is taken, prosecutors may still file charges if intent and a direct step can be proven.
- Completed Crime: Petty Theft – Penal Code § 484
- Penalty if Completed: Up to 6 months in county jail
- Penalty if Attempted (PC § 664):
- Up to 3 months in county jail
An attempted petty theft conviction can still result in jail time, fines, probation, and a permanent criminal record, depending on the facts of the case.
Attempted Residential Burglary
Attempted residential burglary occurs when someone intends to unlawfully enter a home to commit theft or another felony but is stopped before entry or completion.
- Completed Crime: Burglary – Penal Code § 459
- Penalty if Completed:
- Up to 6 years in state prison
- Penalty if Attempted (PC § 664):
- Up to 3 years in state prison
Actions such as prying open a door, breaking a window, or possessing burglary tools may be enough to establish intent. Because residential burglary is a serious felony, attempted charges still carry substantial prison exposure.
Attempted Robbery
Attempted robbery involves trying to take property from another person using force or fear, even if no property is ultimately taken.
- Completed Crime: Robbery – Penal Code § 211
- Penalty if Completed:
- Up to 5 years in state prison
- Penalty if Attempted (PC § 664):
- Up to 2.5 years in state prison
Courts treat attempted robbery seriously due to the risk of violence, and conduct such as brandishing a weapon or demanding valuables may qualify as a direct step under the law.
Attempted Fraud or Forgery
Attempted fraud includes actions taken to deceive another person for financial gain that are interrupted before completion.
- Completed Crime: Fraud & Forgery – Penal Code §§ 470 & 476
- Penalty if Completed:
- Up to 3 years in county jail or state prison
- Penalty if Attempted (PC § 664):
- Up to 1.5 years in custody
- Possible restitution to alleged victims
Examples include preparing fake checks, forged documents, or false credit applications. Even incomplete financial crimes can lead to significant penalties and long-term consequences.
Attempted Kidnapping
Attempted kidnapping applies when someone tries—but fails—to move another person by force, fear, or deception.
- Completed Crime: Kidnapping – Penal Code § 207
- Penalty if Completed:
- 3, 5, or 8 years in state prison
- Penalty if Attempted (PC § 664):
- Up to half the completed sentence
- 1.5, 2.5, or 4 years in state prison
Even without successful movement of the victim, attempted kidnapping remains a felony offense and may qualify as a strike under California’s Three Strikes Law.
Attempted Murder
Attempted murder is one of the most serious offenses under California law and requires proof of specific intent to kill.
- Completed Crime: Murder – Penal Code § 187
- Penalty if Completed:
- Life in prison (with or without parole, depending on degree)
- Penalty if Attempted (PC § 664):
- Life in prison with the possibility of parole, or
- 5, 7, or 9 years in state prison, depending on aggravating factors
Sentencing can increase significantly when firearms, premeditation, or great bodily injury are involved, making these cases especially complex and high-stakes.
Collateral Consequences Beyond Jail or Prison
In addition to incarceration, an attempted crime conviction may result in:
- Heavy fines and restitution orders
- Probation or parole with strict conditions
- Strike consequences under California’s Three Strikes Law
- Long-term impacts on employment, housing, licensing, and immigration status
Why This Matters
Attempted crimes are often misunderstood as “less serious” offenses. In reality, attempt charges can carry felony convictions, years of incarceration, and lifelong consequences. Prosecutors rely heavily on intent and circumstantial evidence—areas where skilled legal defense can make a critical difference.
If you or a loved one is facing attempted crime charges under Penal Code § 664, early legal intervention is essential. Grace Legal Group is prepared to analyze the evidence, challenge intent allegations, and aggressively protect your rights at every stage of the case.
"With Grace, There's Always a Second Chance"
Zino O. Osehobo, Esq.
Managing Attorney
Defenses Against Attempted Crimes - The Grace Legal Group Way
An accusation of attempted crime under Penal Code § 664 PC can feel unfair — especially when the crime never actually occurred. The truth is, these cases often rely on assumptions about intent, incomplete investigations, or overreaching by law enforcement.
At Grace Legal Group, we’ve defended countless clients facing attempted murder, robbery, burglary, and fraud charges throughout Los Angeles and Southern California. We understand how prosecutors build these cases — and how to dismantle them. Below are the most effective defenses our attorneys use in attempted crime cases.
No Specific Intent to Commit a Crime
Attempt charges require proof that you intended to commit the underlying crime. If there’s doubt about your mental state, the case may collapse.
- A person who acts out of anger, panic, or confusion may not have the deliberate intent required under PC 664.
- Misunderstandings or reckless behavior are not the same as “intent.”
- Prosecutors must prove what was in your mind — something that’s rarely clear-cut.
Example: A heated argument leads to a shove and a claim of attempted assault, but evidence shows no intent to cause great harm.
How we use this: We challenge the prosecution’s interpretation of your actions through witness statements, video footage, and expert testimony on human behavior.
No Direct or “Overt” Step Toward the Crime
California law makes a crucial distinction between planning and acting. Thinking, preparing, or talking about a crime is not enough — there must be a direct step.
- A “direct step” means a concrete action that moves beyond preparation.
- If that step never occurred, there is no attempt under PC 664.
Example: Buying tools or showing up near the scene isn’t enough without a clear move toward completing the crime.
How we use this: We show juries that the prosecution’s evidence only proves preparation or fantasy, not a real attempt to break the law.
Abandonment or Withdrawal Before the Crime
Even if there was some early movement toward committing a crime, voluntarily walking away can be a valid defense.
- If you stopped before completing a direct step — not because of fear of getting caught, but genuine change of mind — the law may view that as abandonment, not an attempt.
- This defense highlights rehabilitation and lack of criminal resolve, both powerful arguments in court.
Example: A person drives to a location intending to commit a theft but decides to leave before doing anything illegal.
How we use this: We present evidence of your decision to stop, emphasizing remorse, cooperation, or non-violence as mitigating factors.
Impossibility or Mistaken Circumstances
Sometimes a person may believe they’re committing a crime when, legally or factually, they aren’t.
- Factual impossibility: The act couldn’t succeed (e.g., stealing from an empty register or attempting to sell fake drugs).
- Legal impossibility: The act wouldn’t be a crime even if carried out (e.g., possessing a substance you thought was banned but isn’t).
How we use this: We expose how the situation made the alleged “attempt” impossible from the start — turning a criminal charge into a misunderstanding.
Entrapment and Law Enforcement Misconduct
Entrapment occurs when police or undercover agents pressure or manipulate someone into attempting a crime they would not have committed otherwise.
- Officers cannot create the crime and then punish you for it.
- Entrapment defenses focus on coercion, inducement, or manipulation by law enforcement.
How we use this: We analyze communications, recordings, and police reports for signs of excessive influence, improper stings, or deceptive tactics.
False Allegations or Mistaken Identity
Attempted crimes often rely on witness testimony or surveillance, both of which can be flawed.
- Eyewitnesses misremember details, especially under stress.
- People sometimes make false accusations to deflect blame or seek revenge.
- Poor-quality video or circumstantial evidence can easily point to the wrong person.
How we use this: Our team cross-examines witnesses, uses private investigators, and employs forensic experts to dismantle unreliable identifications.
Constitutional Violations and Police Errors
Even if the prosecution has strong evidence, it can be thrown out if your rights were violated.
- Illegal searches and seizures under the Fourth Amendment
- Failure to read Miranda rights
- Coerced confessions or improper interrogations
How we use this: We file motions to suppress evidence obtained illegally, which often leads to reduced or dismissed charges.
Insufficient or Circumstantial Evidence
Attempt cases are built on interpretation — what police think you meant to do. But intent and action can rarely be proven directly.
- The prosecution must connect every piece of evidence beyond a reasonable doubt.
- Weak timelines, missing physical proof, or inconsistent witness stories can all undermine their case.
How we use this: We dismantle the narrative, piece by piece, showing that the state’s version of events doesn’t hold up under scrutiny.
How Grace Legal Group Can Help with Attempted Crimes Charges
An accusation of attempting to commit a crime can be just as devastating as being charged with the actual offense. Prosecutors often treat these cases harshly, using them as leverage for plea deals or to secure convictions when a crime wasn’t completed. But at Grace Legal Group, we believe that an attempt does not define who you are — and it certainly should not determine your future.
Our firm has represented clients throughout Los Angeles and Southern California in cases involving attempted murder, attempted robbery, attempted burglary, and other Penal Code § 664 PC violations. We approach every case with strategy, compassion, and relentless advocacy.
What We Do for Our Clients
- Immediate Legal Intervention: We act fast to contact law enforcement, protect your rights, and stop overcharging before it escalates.
- Comprehensive Case Analysis: Our attorneys examine every piece of evidence — from witness statements to police reports — to find errors, contradictions, and defenses.
- Aggressive Court Representation: Whether negotiating with prosecutors or arguing before a judge and jury, we fight for reduced charges, diversion programs, or full dismissals.
- Personalized Legal Strategy: Every case is different. We tailor our defense to your goals — whether it’s avoiding jail, protecting your record, or keeping your career intact.
Why Clients Trust Grace Legal Group
Clients turn to us because we don’t just defend — we restore balance. We understand that being accused of an attempted crime is emotionally draining, confusing, and often humiliating. Our role is to help you move forward with dignity, clarity, and a powerful defense.
When you work with Grace Legal Group, you’re not just hiring an attorney — you’re gaining a team that fights for your freedom, your future, and your reputation.
Get Experienced Legal Help Today
If you’ve been accused of an attempted crime under Penal Code § 664 PC, don’t wait. The earlier our attorneys get involved, the stronger your defense will be.
Call Grace Legal Group today or contact us online for a free and confidential consultation. We’re available 24/7 to help you understand your rights, explore your options, and start building your defense immediately.
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
Client Satisfaction Is Priority
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You Are More Than What They Say
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We Always Go The Extra Mile
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