Penal Code § 664 PC- Attempted Crimes
1. What is Penal Code 664 PC?
Penal Code § 664 PC Law Reads As Followed:
664. 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 state prison, the person guilty of the attempt shall be punished by imprisonment in state prison for one-half the term of imprisonment prescribed upon conviction of the offense attempted.
(b) If the crime attempted is punishable by imprisonment in county jail, the person guilty of the attempt shall be punished by imprisonment in the county jail for up to one-half the term of imprisonment prescribed upon conviction of the offense attempted.
(c) If the crime attempted is punishable by a fine, the person guilty of the attempt shall be punished by a fine not exceeding one-half of the largest fine that may be imposed upon a conviction of the offense attempted.
(d) If the attempted crime is punishable by a fine or by imprisonment, the person guilty of the attempt shall be punished by both a fine and imprisonment in an amount or for a term not exceeding one-half of the longest term of imprisonment and one-half of the largest fine that may be imposed upon a conviction of the offense attempted.
2. What are Examples of Penal Code § 664 PC?
California Penal Code § 664 PC deals with crimes that are attempted but not completed. It applies when a person takes a direct step toward committing a crime but fails to complete it, either because they were interrupted, abandoned their attempt, or something prevented the crime from happening. Attempted crimes are still taken seriously under California law, and a person can face significant penalties even if the crime was not fully carried out.
Let’s look at some common examples of crimes that can be prosecuted under Penal Code § 664 PC.
Example 1: Attempted Robbery
A person walks into a store with a firearm, intending to rob the cashier. They approach the counter and demand money, but before the cashier can hand over the cash, a security guard intervenes and stops the robbery. Even though the person didn’t succeed in taking the money, they can be charged with attempted robbery under Penal Code § 664 PC because they had the intent to commit the crime and took direct steps to carry it out by threatening the cashier.
Penalty: The penalty for attempted robbery is generally half the sentence that would have been imposed for a completed robbery. For example, if robbery carries a maximum sentence of 6 years, the person could face up to 3 years for attempted robbery.
Example 2: Attempted Burglary
Someone decides to break into a home to steal valuable items. They bring tools to the scene and begin to pry open a window, but before they can get inside, a neighbor spots them and calls the police. The person is arrested at the scene without successfully entering the home. This person can be charged with attempted burglary because they clearly intended to commit a burglary and took direct steps toward doing so by trying to break in.
Penalty: Attempted burglary is also punishable by up to half the sentence for a completed burglary. If first-degree burglary (a residential burglary) carries a maximum penalty of 6 years, the person may face up to 3 years for attempted burglary.
Example 3: Attempted Murder
In a heated argument, one person pulls out a gun and shoots at another person with the intent to kill them. However, the shooter misses, and the victim escapes unharmed. Even though the intended victim was not injured, the shooter can be charged with attempted murder under Penal Code § 664 PC. The act of pulling out the gun and firing it shows clear intent and a direct step toward committing murder.
Penalty: Attempted murder is punishable by half the sentence for a completed murder, which could range from 7 years to life imprisonment, depending on the circumstances. If it’s determined that the attempted murder was willful, deliberate, and premeditated, the penalty could be life in prison without the possibility of parole.
Example 4: Attempted Theft
A person enters a store and hides an expensive piece of jewelry in their bag with the intent to steal it. As they walk toward the exit, a store security officer catches them before they leave. Since the person did not successfully take the item out of the store, they can be charged with attempted theft. The direct step of placing the jewelry in the bag with the intent to steal constitutes attempted theft under Penal Code § 664 PC.
Penalty: If the theft had been completed and the value of the item was under $950, the person could have been charged with petty theft. In the case of attempted petty theft, the penalty would be up to half of the maximum jail time for petty theft, which is 6 months in county jail.
Example 5: Attempted Kidnapping
A person tries to force another individual into their car with the intention of kidnapping them. However, the victim resists and manages to escape before being taken anywhere. The offender can still be charged with attempted kidnapping under Penal Code § 664 PC, because their intent was clear, and they took direct action by attempting to seize the victim.
Penalty: Attempted kidnapping is punishable by half the sentence for a completed kidnapping. A standard kidnapping conviction can result in 3 to 8 years in prison, so the penalty for attempted kidnapping could range from 1.5 to 4 years in prison.
Example 6: Attempted Drug Sale
A person sets up a meeting to sell illegal drugs to an undercover police officer. They arrive at the agreed-upon location with the drugs but are arrested before they can hand them over. Even though the transaction never took place, the person can be charged with attempted drug sales because they intended to sell the drugs and took a direct step by bringing the drugs to the meeting.
Penalty: The penalties for attempted drug sales will be half of the sentence for a completed drug sale, which can vary depending on the amount and type of drug involved.
3. What are The Common Defenses Against Penal Code § 664 PC?
Facing charges under California Penal Code § 664 PC for attempted crimes can lead to severe consequences, including prison time and hefty fines. However, several legal defenses may help reduce or dismiss these charges. The key to building a successful defense often lies in challenging the intent, proving a lack of action, or showing other circumstances that undermine the prosecution’s case.
Here are some common defenses against Penal Code § 664 PC charges:
1. No Intent to Commit a Crime
One of the core elements the prosecution must prove under Penal Code § 664 PC is that the defendant had a clear and specific intent to commit a crime. Without intent, there can be no attempted crime. A strong defense may involve arguing that the defendant never intended to carry out the crime, or that their actions were misinterpreted. In cases where the defendant’s actions were accidental or done in jest, they may not meet the threshold for criminal intent.
Example: A person jokingly suggests robbing a bank, but there was never any real plan or intention to follow through. In this case, the defense could argue that the individual never seriously intended to commit the robbery.
2. No Direct Step Taken Toward the Crime
To be convicted of an attempted crime under Penal Code § 664 PC, the defendant must have taken a “direct step” toward completing the crime. A direct step goes beyond mere preparation and is an action that clearly demonstrates the intent to carry out the crime. However, if the defendant never took that direct step—only preparing or discussing the crime without acting—this can be a solid defense.
Example: If someone gathers tools to break into a house but never attempts to enter the property, the defense could argue that they did not take a direct step toward committing the crime, as mere preparation does not constitute an attempt under Penal Code § 664 PC.
3. Abandonment of the Crime
A person may avoid conviction if they voluntarily abandoned their plan to commit the crime before taking any substantial step toward completing it. However, for this defense to succeed, the abandonment must be voluntary and not due to external factors, such as being interrupted or caught in the act. If the defendant voluntarily stopped before acting on their intent, this defense may apply.
Example: A person plans to rob a store but, at the last minute, decides not to go through with it and leaves without entering the store. If the abandonment was voluntary, the defense could argue that the defendant did not attempt the crime.
4. Impossibility
In some cases, the defense of factual or legal impossibility may be used to argue that the defendant could not have completed the crime, even if they intended to. Factual impossibility occurs when it would have been physically impossible to commit the crime due to some unknown circumstance. Legal impossibility arises when the actions the defendant took were not actually illegal, even if they believed they were committing a crime.
Factual Impossibility: For example, if someone attempts to pickpocket another person but the victim has no wallet, they could argue that the crime was factually impossible because the wallet didn’t exist.
Legal Impossibility: If someone attempts to commit an act they believe is illegal, but the act is actually legal under the law, this could serve as a defense. For instance, if a person tries to “bribe” a public official who turns out not to be a public official at all, there may be a case for legal impossibility.
5. Lack of Evidence
In any criminal case, the prosecution bears the burden of proving guilt beyond a reasonable doubt. In some cases, the defense can argue that there is insufficient evidence to establish either intent or a direct step toward committing the crime. Without clear evidence of the defendant’s actions or intentions, a conviction cannot be secured under Penal Code § 664 PC.
Example: If the prosecution’s evidence of intent is based on hearsay or circumstantial evidence, the defense may challenge its reliability and argue that the defendant never actually intended to commit the crime.
6. Duress or Coercion
If a person was forced or threatened into attempting to commit a crime against their will, they may have a defense of duress. To successfully use this defense, the defendant must show that they were under immediate threat of serious harm or death and had no reasonable way to avoid committing the crime. Duress can be a valid defense in cases where the defendant’s actions were not voluntary.
Example: If a person is threatened at gunpoint to assist in an attempted robbery, they may be able to argue that they acted under duress and did not voluntarily participate in the crime.
7. Entrapment
Entrapment occurs when law enforcement officers induce a person to commit a crime they would not have otherwise committed. This defense can apply if the defendant was lured into attempting a crime by excessive pressure or deception from police officers. However, if the defendant was already inclined to commit the crime and law enforcement merely provided an opportunity, entrapment cannot be claimed.
Example: If an undercover officer convinces someone to sell drugs by persistently pressuring them, even though the person had no prior intention to do so, the defense could argue entrapment.
8. Mistake of Fact
In some cases, a mistake of fact may serve as a defense. This occurs when the defendant honestly and reasonably believed certain facts that, if true, would have made their actions legal. If the defendant lacked the necessary criminal intent due to a misunderstanding of the situation, they may be able to avoid conviction.
Example: A person attempts to take an item from a store but genuinely believes the item belongs to them. In this case, the defense could argue that the defendant did not intend to commit theft because they mistakenly believed they were retrieving their own property.
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4. What are The Penalties for Violating Penal Code § 664 PC?
California Penal Code § 664 PC outlines the penalties for attempting to commit a crime, even if the crime itself is never completed. Attempted crimes are treated seriously in California, with penalties that are generally proportional to the severity of the crime that was attempted. Although the defendant may not have succeeded in committing the crime, the law still holds them accountable for taking significant steps toward it.
The penalties for violating Penal Code § 664 PC depend on whether the crime attempted is classified as a felony or a misdemeanor, and whether the attempt resulted in any injury or damage. Below is a breakdown of the potential penalties.
1. Attempted Felonies
For serious crimes classified as felonies, an attempted crime under Penal Code § 664 PC typically results in a penalty of half the maximum sentence that would have been imposed if the crime had been successfully committed.
Example: Attempted Robbery
Robbery is a felony that typically carries a maximum sentence of 6 years in state prison.
If an individual is convicted of attempted robbery, the sentence would generally be reduced to 3 years (half of 6 years).
Example: Attempted Murder
Murder is one of the most serious felonies, with penalties ranging from 15 years to life imprisonment, or even the death penalty in certain cases.
For attempted murder, the punishment is half of the sentence for a completed murder. If the attempted murder is willful, deliberate, and premeditated, the penalty can be life in prison with the possibility of parole.
In less severe cases of attempted murder, the defendant may face up to 9 years in state prison.
Enhancements for Attempted Felonies
Certain aggravating factors, such as the use of firearms, great bodily injury, or gang involvement, may lead to sentence enhancements for attempted felonies. These enhancements can add additional years to the prison sentence, even for attempts.
2. Attempted Misdemeanors
For less severe offenses, such as misdemeanors, the penalties for attempted crimes are usually the same as for completed misdemeanors. However, in many cases, the court may impose a reduced sentence for an attempt, especially if no harm or significant loss occurred.
Example: Attempted Petty Theft
Petty theft is a misdemeanor punishable by up to 6 months in county jail.
If someone is convicted of attempted petty theft, they may face up to 3 months in jail, which is half of the maximum penalty for the completed crime.
Example: Attempted Vandalism
Vandalism causing less than $400 in damage is a misdemeanor that can result in up to 1 year in county jail.
For attempted vandalism, the defendant could receive a reduced sentence, depending on the circumstances of the case.
3. Fines
In addition to jail or prison time, violating Penal Code § 664 PC can also result in fines. Similar to the reduction in jail or prison time, the fines for attempted crimes are generally half of what the fines would be for the completed crime.
Example: Fines for Attempted Felonies
If the fine for a completed felony is $10,000, the fine for an attempted felony could be reduced to $5,000.
Example: Fines for Attempted Misdemeanors
If the fine for a completed misdemeanor is $1,000, the fine for an attempted misdemeanor could be $500.
4. Probation
In some cases, particularly for attempted misdemeanors or less severe felony attempts, the court may grant probation instead of imposing jail or prison time. Probation may include strict conditions, such as:
Regular check-ins with a probation officer
Community service
Counseling or rehabilitation programs
Paying restitution to the victim (if applicable)
Probation allows the defendant to avoid or reduce time in jail or prison but comes with obligations that must be followed to avoid further penalties.
5. Sentence Enhancements
While the penalties for attempted crimes are typically half of what they would be for the completed offense, sentence enhancements can still apply in certain cases. These enhancements may increase the length of the sentence based on specific aggravating factors, such as:
Use of a firearm: Adding additional years to the sentence if a firearm was involved in the attempted crime.
Causing great bodily injury: If the defendant’s actions caused serious physical injury to another person, even during an attempted crime, this could lead to additional prison time.
Gang involvement: If the attempted crime was committed for the benefit of a gang, enhancements could be applied.
6. Attempted Crimes that Carry Life Sentences
For some of the most serious felonies, such as murder or crimes involving substantial violence, attempted crimes may still carry severe penalties, including life in prison. For example, attempted murder in cases where the crime is willful, deliberate, and premeditated can result in a life sentence with the possibility of parole.
7. Factors That Affect Sentencing
Several factors can influence the specific penalties for attempted crimes under Penal Code § 664 PC:
Criminal History: A defendant with a prior criminal record may face harsher penalties, including longer prison terms or higher fines, especially for felony attempts.
Severity of the Crime: The type of crime attempted will play a large role in the sentencing. More serious crimes, such as attempted murder or robbery, will lead to longer sentences compared to less severe crimes, like attempted petty theft.
Circumstances of the Case: Mitigating factors, such as the defendant’s role in the crime, whether they acted under duress, or if there was an attempt to abandon the crime, can all influence sentencing.
5. What are The Related Offenses To Penal Code § 664 PC?
California Penal Code § 664 PC addresses the crime of attempting to commit another crime, even if the attempt fails or is interrupted. While Penal Code § 664 PC focuses on the attempt, many related offenses may also come into play depending on the nature of the crime that was attempted. These related offenses often deal with the underlying crime that was attempted, or other acts that may occur alongside an attempted crime. Understanding these related offenses is crucial for anyone facing charges under Penal Code § 664 PC.
Here are some of the most common related offenses to Penal Code § 664 PC:
1. Penal Code § 211 PC – Robbery
Robbery under Penal Code § 211 PC is defined as the taking of personal property from another person’s possession by force or fear. If someone attempts to rob another person but fails or is interrupted, they can be charged with attempted robbery under Penal Code § 664 PC.
Penalties: Attempted robbery carries penalties of up to half the maximum sentence for completed robbery, which could result in up to 3 years in state prison.
2. Penal Code § 187 PC – Murder
Murder, defined under Penal Code § 187 PC, is the unlawful killing of another person with malice aforethought. If a person takes significant steps toward committing murder, such as shooting at a victim but missing, they can be charged with attempted murder under Penal Code § 664 PC.
Penalties: Attempted murder is a serious felony, with penalties including up to life in prison. If the attempted murder is willful, deliberate, and premeditated, the defendant may face life imprisonment without the possibility of parole.
3. Penal Code § 459 PC – Burglary
Under Penal Code § 459 PC, burglary is defined as unlawfully entering a building or structure with the intent to commit a crime inside. If a person attempts to break into a building but is interrupted or fails to complete the burglary, they can be charged with attempted burglary under Penal Code § 664 PC.
Penalties: Attempted burglary carries penalties of up to half the maximum sentence for completed burglary. First-degree burglary (residential) can carry a sentence of up to 3 years, while second-degree burglary (commercial) carries a maximum sentence of up to 1.5 years.
4. Penal Code § 484 PC – Theft
Theft, as defined under Penal Code § 484 PC, occurs when someone unlawfully takes another person’s property with the intent to permanently deprive them of it. If a person takes steps toward committing theft but does not complete the crime (e.g., is caught before leaving the store), they can be charged with attempted theft.
Penalties: Attempted theft penalties depend on the type of theft attempted. For petty theft (theft of property valued at $950 or less), the penalty may be up to 3 months in jail. For grand theft, the penalties are up to half of the maximum sentence for the completed crime.
5. Penal Code § 261 PC – Rape
Rape under Penal Code § 261 PC is the non-consensual sexual intercourse with another person using force, violence, or threats. If someone takes steps to commit rape but does not succeed (for example, they are interrupted), they may be charged with attempted rape under Penal Code § 664 PC.
Penalties: Attempted rape can lead to a sentence of up to half the prison time for completed rape, which can range from 3 to 8 years. Attempted rape is also classified as a strike under California’s Three Strikes Law.
6. Penal Code § 422 PC – Criminal Threats
Criminal threats, defined under Penal Code § 422 PC, occur when a person threatens to harm or kill someone else, causing the victim to fear for their safety. If a person takes steps to carry out the threat (such as brandishing a weapon), they may face charges for both criminal threats and attempted assault under Penal Code § 664 PC.
Penalties: For criminal threats, a person can face up to 1 year in jail (misdemeanor) or up to 4 years in state prison (felony). Attempted assault carries up to half the penalty of completed assault.
7. Penal Code § 215 PC – Carjacking
Carjacking, as defined under Penal Code § 215 PC, is the taking of a vehicle from another person by force or fear. If a person tries to steal a car but fails to complete the act (e.g., the owner escapes), they may be charged with attempted carjacking under Penal Code § 664 PC.
Penalties: Carjacking is a felony punishable by up to 9 years in state prison. For attempted carjacking, the penalties would be up to half that time—approximately 4.5 years in prison.
8. Penal Code § 594 PC – Vandalism
Vandalism under Penal Code § 594 PC involves damaging, defacing, or destroying someone else’s property. If someone attempts to vandalize property but is stopped before any significant damage occurs, they may face charges for attempted vandalism.
Penalties: Vandalism causing damage valued at less than $400 is a misdemeanor, while vandalism involving greater damage can be charged as a felony. Attempted vandalism generally carries penalties of half the jail time or fines of the completed crime.
9. Penal Code § 646.9 PC – Stalking
Stalking, under Penal Code § 646.9 PC, involves harassing or threatening someone to the point that they fear for their safety. If someone attempts to stalk another person by making threatening gestures or following them, but is caught before escalating to full-blown stalking, they may be charged with attempted stalking.
Penalties: Stalking can be charged as a misdemeanor or a felony. For attempted stalking, the penalty will typically be half the sentence of the completed crime.
10. Penal Code § 32 PC – Accessory After the Fact
In cases where someone assists another individual after a crime has been attempted but not completed, they may be charged as an accessory after the fact under Penal Code § 32 PC. This applies if a person knowingly helps someone avoid arrest, prosecution, or punishment after an attempted crime.
Penalties: The penalties for being an accessory after the fact are generally less severe than for the actual crime, but can still include up to 3 years in state prison.
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