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.
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.
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.
No, the defendant cannot use the fact that they committed the crime to avoid prosecution for criminal attempt.
Some defenses to a criminal attempt charge include:
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.
Yes. Contact an criminal lawyer to help you resolve your criminal case.
Last Modified: 09-28-2016 08:49 AM PDTLaw Library Disclaimer
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