187 is murder. Attempted murder would be 664/187 (664 is the Penal Code section for attempt).
Depending on where you saw the information, the 664 may not show up. First degree murder carries 25-life plus a year for the knife. Second degree murder with the knife is 15-life plus 1 for the knife.
Attempted murder, if found to be premeditated, is life (eligible for parole in 7) plus 1 for the knife.
Goes without saying that your friend needs a good attorney. There could be complete defenses, such as self-defense, etc.
Murder. Sec 187(a) reads "Murder is the unlawful killing of a human being, or a fetus, with malice aforethought."
I agree with my colleagues.
Jamahl C. Kersey (619) 399-3662 is an Immigration, Criminal Defense and Personal Injury attorney licensed in CA. The answer above is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Jamahl C. Kersey KERSEY & SABAWI 5703 Oberlin Drive Suite 201 San Diego, CA 92121 Tel: 619.399.3662 Fax: 888.765.5894 [email protected] www.kerseysabawi.com
PC 187 is murder. Your friend is in some serious trouble. He/She needs a very experienced attorney.
Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.
If there person died then it is murder with special circumstances. The defendant would be eligible for the death penalty or in the alternative life without parole. Otherwise she could be charged with attempted murder and robbery + use of a knife + causing GBI.
He or she would be looking at 16 to life if the attempted murder was proven to be premeditated - which may be hard to prove since it happened in a robbery.
[Robbery 5 years + 7 to life attempt 187 + 3 years GBI + 1 year knife]
If she were convicted of non premeditated attempted murder she could spend as much as 14 years in prison. [9 years attempted murder + 1 year robbery + 3 years GBI +1 year knife.
What does this all mean? She needs a lawyer VERY badly.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
If the person died it means murder.
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