Under common law, it is a crime to attempt to commit a misdemeanor or felony, such as attempting to steal something or attempting to cheat at gambling. To be found guilty of attempting to commit a crime, it must be found that you made an effort to accomplish the crime and that you took a "substantial step" beyond mere preparation. Attempt is a form of an inchoate offense or an inchoate crime.
Yes. In fact, you can even be convicted for asking someone else or helping someone else to commit a crime. Just having the intent or mental state of attempting the crime would be sufficient to be guilty of the crime if a substantial step was taken in committing the intended crime. In order to be charged with an attempt crime, you must:
There are a number of defenses for incomplete crimes:
If a person cannot possibly commit a crime due to facts he does not understand, he can still be guilty of the crime, if he had the criminal intent. For example, you can still be guilty of purchasing cocaine, even if what you purchase is actually powdered sugar.
The punishments for inchoate or attempt crimes vary widely depending upon the type of crime attempted. The ranges of punishments for attempt crimes are as follows:
If you have been charged with a criminal attempt crime, it is important that you contact a criminal defense lawyer as soon as possible. An experience criminal defense attorney can help prepare the case and determine all the possible defenses.
Last Modified: 05-06-2018 11:19 PM PDTLaw Library Disclaimer
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