California Codes

Cal. Penal Code § 664 (2026)

✓ current as of May 2026

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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 in a county jail, respectively, for one-half the term of imprisonment prescribed upon a conviction of the offense attempted. However, if the crime attempted is willful, deliberate, and premeditated murder, as defined in Section 189, the person guilty of that attempt shall be punished by imprisonment in the state prison for life with the possibility of parole. If the crime attempted is any other one in which the maximum sentence is life imprisonment or death, the person guilty of the attempt shall be punished by imprisonment in the state prison for five, seven, or nine years. The additional term provided in this section for attempted willful, deliberate, and premeditated murder shall not be imposed unless the fact that the attempted murder was willful, deliberate, and premeditated is charged in the accusatory pleading and admitted or found to be true by the trier of fact.

(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 a county jail for a term not exceeding one-half the term of imprisonment prescribed upon a conviction of the offense attempted.

(c)If the offense so attempted is punishable by a fine, the offender convicted of that attempt shall be punished by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense attempted.

(d)If a crime is divided into degrees, an attempt to commit the crime may be of any of those degrees, and the punishment for the attempt shall be determined as provided by this section.

(e)Notwithstanding subdivision (a), if attempted murder is committed upon a peace officer or firefighter, as those terms are defined in paragraphs (7) and (9) of subdivision (a) of Section 190.2, a custodial officer, as that term is defined in subdivision (a) of Section 831 or subdivision (a) of Section 831.5, a custody assistant, as that term is defined in subdivision (a) of Section 831.7, or a nonsworn uniformed employee of a sheriff’s department whose job entails the care or control of inmates in a detention facility, as defined in subdivision (c) of Section 289.6, and the person who commits the offense knows or reasonably should know that the victim is a peace officer, firefighter, custodial officer, custody assistant, or nonsworn uniformed employee of a sheriff’s department engaged in the performance of his or her duties, the person guilty of the attempt shall be punished by imprisonment in the state prison for life with the possibility of parole.

This subdivision shall apply if it is proven that a direct but ineffectual act was committed by one person toward killing another human being and the person committing the act harbored express malice aforethought, namely, a specific intent to unlawfully kill another human being. The Legislature finds and declares that this paragraph is declaratory of existing law.

(f)Notwithstanding subdivision (a), if the elements of subdivision (e) are proven in an attempted murder and it is also charged and admitted or found to be true by the trier of fact that the attempted murder was willful, deliberate, and premeditated, the person guilty of the attempt shall be punished by imprisonment in the state prison for 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to reduce this minimum term of 15 years in state prison, and the person shall not be released prior to serving 15 years’ confinement.

Notes of Decisions

Cited in 1,064 cases (348 in the last 5 years), 1944–2026 · leading case: People v. Caballero, 282 P.3d 291 (Cal. 2012).

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People v. Caballero, 282 P.3d 291 (Cal. 2012). · cites it 4× “A jury convicted defendant of three counts of attempted murder (Pen. Code, §§ 664, 187, subd. (a)).2 The jury found true that defendant personally and intentionally discharged a firearm (§ 12022.”

People v. Albarran, 2007 Cal. Daily Op. Serv. 3495 (Cal. Ct. App. 2007). · cites it 4× “Adan Albarran was convicted after a jury trial of one count of attempted murder (Pen.Code, §§ 664, 187, subd. (a)), one count of shooting at an inhabited dwelling (Pen.”

People v. King, 851 P.2d 27 (Cal. 1993). · cites it 6× “) The sentence for first degree murder is "confinement in the state prison for a term of 25 years to life." (Pen. Code, § 190, subd.”

People v. Bright, 909 P.2d 1354 (Cal. 1996). · cites it 6× “Penal Code section 664 [1] prescribes the punishment for an attempt to commit a crime, providing in part that, if the offense attempted is one for which the maximum sentence is life imprisonment or death, the *656 person guilty of that attempt shall be subject to the punishment…”

Calvillo-Silva v. Home Grocery, 968 P.2d 65 (Cal. 1998). · cites it 6× “Code, § 459); attempted robbery (Pen.Code, §§ 664, 211); false imprisonment (Pen.”

People v. Smith, 124 P.3d 730 (Cal. 2005). · cites it 2× “…and brought them to his mother's house. Defendant was charged by information with the attempted murder of Karen A. (Pen.Code, §§ 664, 187 count I), [1] the attempted murder of the baby (§§ 664, 187 count II), shooting at an occupied vehicle (§ 246 count III), child…”

Juan H. v. Walter Allen III, 408 F.3d 1262 (9th Cir. 2005). · cites it 2× “alleged that he did “willfully, unlawfully and with malice aforethought murder, LUIS ALEJANDRO RAMIREZ” in violation of California Penal Code section 187, and did “willfully, unlawfully and with malice aforethought attempt to murder, SYLVESTER MAG-DALENO [sic]” in violation of…”

People v. Dillon, 668 P.2d 697 (Cal. 1983). · cites it 2× “In felony-murder cases, therefore, defendant would apparently require proof not only of intent and a direct act beyond mere preparation, but of the commission of an element of the underlying crime other than the formation of such intent, and would allow as a defense the…”

People v. Cleveland, 21 P.3d 1225 (Cal. 2001). · cites it 2× “(Pen.Code, §§ 664, 211.) He argued on appeal that the trial court erred in discharging a juror, during deliberations, for failing to deliberate and for prejudging the case.”

Cooper v. Brown, 510 F.3d 870 (9th Cir. 2007). · cites it 2× “Petitioner was also convicted of attempted murder in the first degree (Cal.Penal Code §§ 664,187(a), 12022.7) of the Ryens' eight-year-old son Joshua, the severely wounded sole survivor.”

People v. Shaun R., 188 Cal. App. 4th 1129 (Cal. Ct. App. 2010). · cites it 2× “After a contested jurisdictional hearing, the court sustained the allegations of the prosecution's fourth petition *1134 involving the minor and found that the minor had committed the following offenses: attempted auto burglary (Pen. Code, §§ 664, 459, 460, subd. (b), a felony);…”

People v. Suff, 324 P.3d 1 (Cal. 2014). · cites it 2× “(a), 189), and one count of attempted murder of Rhonda Jetmore (Pen. Code, §§ 664, 187).1 The jury found true the special circumstance allegations that defendant was convicted of more than one offense of murder in this proceeding, and that defendant intentionally killed each of…”

Show all 1,064 citing cases →

— Cal. Penal Code § 664(1) — 2 cases

Ronald Little v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, 848 F.2d 73 (5th Cir. 1988).

Picazo v. Alameida, 90 F. App'x 512 (9th Cir. 2004).

— Cal. Penal Code § 664(a) — 10 cases

William J. Jones v. M.L. Smith, Warden Attorney Gen. State of California, 231 F.3d 1227 (9th Cir. 2001).

Hernandez v. McGrath, 595 F. Supp. 2d 1111 (E.D. Cal. 2009).

Fellows v. Dexter, 551 F. Supp. 2d 969 (C.D. Cal. 2008).

People v. Ubiarco CA2/3 (Cal. Ct. App. 2023).

Roberto Jose Cota v. Santa Ana Police Dep't (C.D. Cal. 2022).

— Cal. Penal Code § 664(f) — 1 case

People v. Hoff CA2/8 (Cal. Ct. App. 2026).

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