Solicitation is when a defendant asks another person to commit a crime. When the other person accepts and prepares to commit the crime, it’s turns into a criminal attempt. In general, many jurisdictions a criminal attempt occurs when a person takes a substantial step in preparation of a criminal act.
What is Considered to be a Criminal Attempt in Texas?
The State of Texas defines criminal attempt as when a person acts with the specific intent to commit a crime. The person has go beyond mere preparation, but not actually commit the crime.
How Else Can I Be Charged with Criminal Attempt?
A defendant can be charged with criminal attempt if they took a step toward preparing for a crime by committing one of the elements outlined in the aggravated offense such as aggravated kidnapping. For example, attempted murder is taking substantial steps toward intentionally killing a human being. So the defendant could have taken a substantial step by buying a gun to commit the murder.
Is Committing the Actual Crime a Defense to a Criminal Attempt Charge?
No, the defendant cannot use the fact that they committed the crime to avoid prosecution for criminal attempt.
What are some Defenses to Criminal Attempt?
Some defenses to a criminal attempt charge include:
- Lack of specific intent to commit the crime, meaning that the defendant never had the intent to commit the attempted crime;
- It was legally impossible for the crime to be committed;
- The defendant voluntarily abandoned the attempt.
What is the Punishment for Criminal Attempt in Texas?
Criminal attempt is charged as a class A misdemeanor, so it is punishable by less than 1 year in jail and/or a fine of up to $4,000.
Should I Contact a Lawyer about My Criminal Attempt Charge?
Yes. Contact an Texas criminal lawyer to help you resolve your criminal case.