PC 187:
187. (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
PC 664:
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, the person guilty of the attempt shall be punished by
imprisonment in the state prison 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.
The Moon is at the First Quarter
Re: Limo Dave
All posts are those of the individual authors and the owner
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| June 01, 2008 08:42PM |
| Subject | Author | Views | Posted |
|---|---|---|---|
| Rick | 1546 | June 01, 2008 04:41PM |
| LaughingBear | 1141 | June 01, 2008 08:09PM |
| Rick | 1147 | June 01, 2008 08:42PM |
| jobe | 1080 | June 02, 2008 05:04AM |
| celtfire | 1093 | June 02, 2008 10:38PM |
| jobe | 1804 | June 03, 2008 08:02PM |
| LaughingBear | 1122 | June 02, 2008 07:53AM |
| Rick | 1116 | June 02, 2008 10:22AM |
| Rick | 1207 | June 02, 2008 08:07PM |
| LaughingBear | 1255 | June 03, 2008 04:23PM |
| LaughingBear | 1202 | June 03, 2008 10:17PM |
| LaughingBear | 1149 | June 04, 2008 07:59AM |
| Rick | 1331 | June 04, 2008 11:16AM |
| jobe | 1149 | June 04, 2008 05:09PM |
| Rick | 1128 | June 04, 2008 01:33PM |
| Rick | 1039 | June 04, 2008 07:00PM |
| jobe | 1116 | June 04, 2008 07:56PM |
| Rick | 1085 | June 04, 2008 08:49PM |
| LaughingBear | 1125 | June 05, 2008 07:36AM |
| jobe | 1168 | June 06, 2008 05:07AM |
| Wizard | 1043 | June 05, 2008 06:36PM |
| LaughingBear | 1114 | June 05, 2008 11:01PM |
| LaughingBear | 1014 | June 06, 2008 09:04AM |
| jobe | 1130 | June 06, 2008 05:23PM |
| Paul P. | 1202 | June 06, 2008 12:32PM |
| Rick | 1220 | June 06, 2008 01:14PM |
| Rick | 1074 | June 09, 2008 09:59AM |
| LaughingBear | 1085 | June 09, 2008 07:16PM |
| Rick | 1089 | June 10, 2008 12:06AM |
| Rick | 1141 | June 10, 2008 11:25AM |
| Rick | 1708 | June 12, 2008 08:28PM |
| Rick | 1708 | June 19, 2008 04:18PM |
| LaughingBear | 1171 | June 20, 2008 12:28AM |
| Rick | 1122 | June 20, 2008 06:07AM |
| Rick | 1344 | June 24, 2008 06:22PM |
| Rick | 1190 | July 10, 2008 06:12PM |
| LaughingBear | 1139 | July 28, 2008 10:21PM |
| jobe | 1127 | August 01, 2008 07:30PM |
| katrina island | 1725 | August 01, 2008 01:37AM |
| Rick | 1761 | August 10, 2008 05:45AM |
| jobe | 1045 | August 11, 2008 05:28PM |
| Rick | 1112 | September 14, 2008 06:38AM |
| mojavegreen | 1040 | September 15, 2008 03:14AM |
| jobe | 1131 | September 24, 2008 04:44AM |
| katrina island | 1113 | September 18, 2008 01:44PM |
| Rick | 1687 | September 18, 2008 04:43PM |
| katrina island | 1694 | September 21, 2008 06:20PM |
| Rick | 1084 | September 21, 2008 06:55PM |
| Rick | 1070 | September 30, 2008 05:15PM |
| Rick | 1082 | September 30, 2008 05:16PM |
| mojavegreen | 1127 | October 02, 2008 09:43AM |
| Rick | 1022 | October 03, 2008 01:40AM |
| Rick | 1159 | September 30, 2008 05:15PM |
| LaughingBear | 1172 | October 02, 2008 09:45AM |
| Rick | 1093 | October 16, 2008 03:04PM |
| Rick | 1255 | October 16, 2008 03:04PM |
| Rick | 1090 | November 10, 2008 03:21AM |
| mojavegreen | 1646 | December 05, 2008 09:53PM |
| Rick | 1093 | December 06, 2008 12:38AM |
| jobe | 1045 | December 06, 2008 08:02AM |
| LaughingBear | 1186 | December 06, 2008 06:45PM |
| jobe | 985 | December 07, 2008 06:26AM |
| Rick | 1112 | December 07, 2008 05:58PM |
| jobe | 1014 | December 08, 2008 01:58AM |
| Rick | 1332 | December 08, 2008 05:03AM |
| jobe | 1124 | December 08, 2008 04:27PM |
| Rick | 1136 | December 09, 2008 01:05AM |
| jobe | 1152 | December 09, 2008 04:18PM |
| Rick | 1152 | December 09, 2008 05:45PM |
| mojavegreen | 1155 | December 11, 2008 10:58AM |
| celtfire | 1410 | December 11, 2008 11:40AM |
| Paul P. | 1745 | December 08, 2008 09:48AM |
| Paul P. | 1999 | December 11, 2008 05:48PM |
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