Criminal Attempt Charge

Criminal Attempt Charges

In my last article, we covered the basics of attempt charges – what they mean, how they’re proven, common defenses, and penalties. Now let’s dig deeper into some key issues that come up with these charges.

How Early Can You Be Charged?

Attempt charges can happen at a really early stage, before you’ve done much of anything. Some people think the cops have to catch you right about to commit the crime. Nope! Even taking small steps can lead to an attempt charge if they show criminal intent.

For example, cases have charged attempt for:

• Searching online for how to make explosives
• Buying supplies to make drugs
• Driving near the intended victim’s workplace

The key is whether your acts went beyond just thinking about doing the crime. Even minor acts can establish attempt if they clearly show you planned to follow through.

Conspiracy vs. Attempt

These charges get mixed up a lot. But they’re very different:

• Conspiracy is agreeing with others to commit a crime. Just the agreement itself is the crime – you don’t have to take any steps.
• Attempt is when you act alone and start taking steps to commit the planned crime.

You can be charged with both for the same crime. For example, agreeing with others to rob a store and then buying masks would be conspiracy and attempt robbery.

When Is Attempt Impossible?

“Impossibility” comes up when you try to commit a crime but there’s no way you actually could have finished it. Common examples:

• Trying to pickpocket an empty pocket
• Trying to kill someone who’s already dead
• Trying to sell fake drugs to an undercover cop

Usually impossibility is NOT a defense to attempt. The prosecution just has to prove you intended to commit the completed crime. Your mistake of fact doesn’t negate intent.

But legal impossibility (misunderstanding the law) could undermine intent. For example, trying to take your own property you mistakenly think was stolen.

Abandonment Defense

To beat an attempt charge with abandonment, you must prove:

1. You completely stopped your plan of your own free will
2. You were not forced to stop by outside circumstances like getting caught
3. You stopped because you realized the crime was morally wrong

Just briefly hesitating or changing your mind does NOT count. This defense requires total, voluntary abandonment due to a guilty conscience.

Sentencing Considerations

At sentencing, the judge may consider:

• How close you came to finishing the crime
• Your reasons for stopping or failing
• Whether you turned yourself in
• Your degree of remorse

The less you did and the more remorse you show, the better your sentence may be. An experienced attorney can advise you on presenting these mitigating factors.

I know attempt charges are intimidating. But with smart legal moves, you can get through this. Stay strong!

Sources

Attempt – FindLaw

Criminal Attempts – The Yale Law Journal

Attempt Overview – Congressional Research Service

Criminal Attempt Charge – Armfor.uscourts.gov

Maine Criminal Attempt Statute