NJ Criminal Attempt Charge

Criminal Attempt Charges in New Jersey

In New Jersey, defendants can face criminal charges for unsuccessful efforts to commit a crime under the state’s attempt statute, N.J.S.A. 2C:5-1. Even if the underlying crime was never completed, prosecutors can still pursue serious penalties.

This article examines key issues related to criminal attempt charges in New Jersey. We’ll cover the attempt statute, how charges are proven, sentencing, defenses, recent cases, and more. Facing criminal attempt allegations makes experienced legal representation essential.

Attempt Statute N.J.S.A. 2C:5-1

Under New Jersey’s attempt law N.J.S.A. 2C:5-1^[1]:

• A person must act with the purpose of committing the underlying offense
• They must take a substantial step toward completing the crime
• No defense that they failed to complete the crime

The substantial step can include planning, surveilling targets, assembling materials, etc. The underlying intended crime need not be completed.

Proving Criminal Attempt Charges

To obtain a conviction, prosecutors must establish^[2]:

1. The defendant intended to commit the underlying offense
2. They took concrete action beyond just preparation that strongly corroborates their criminal intent
3. They would have completed the crime if not interrupted

The state only needs to prove intent coupled with an overt act to substantiate attempt charges.

Sentencing for Criminal Attempt Convictions

Sentences for attempt convictions are governed by N.J.S.A. 2C:5-4^[3]. In general:

• Second degree crimes are reduced to third degree for sentencing
• Third and fourth degree crimes remain the same degree
• First degree crimes remain first degree

Fines, probation, and other penalties may also apply. Jail time depends on the degree of the attempt offense.

Defenses to Criminal Attempt Charges

Viable defenses to attempt charges include^[4]:

• Lack of intent to commit the crime
• No substantial step was taken, just preparation
• The defendant voluntarily abandoned the plan
• Factual impossibility of completing the intended crime
• Entrapment by police into the attempt

An attorney can evaluate the case facts and identify potential defenses to defeat the charges.

Recent New Jersey Criminal Attempt Cases

Recent attempt cases in New Jersey demonstrate how prosecutors pursue charges even for unsuccessful crimes^[5]:

• A December 2022 case involved attempted burglary charges for surveilling homes and trying door handles
• In 2021, a man was convicted of attempted murder for shooting at police officers
• A 2020 case resulted in attempted child luring charges for engaging in inappropriate online conversations

These cases illustrate that substantial steps toward intended crimes can sustain convictions even if the offense is not completed.

Federal Attempt Charges

The federal criminal code contains similar attempt provisions imposing substantial penalties even where federal crimes are not completed but only planned or intended^[6].

Consulting an Attorney for Attempt Charges

Defending against attempt charges in New Jersey requires skilled criminal defense counsel. An attorney can argue against the strength of the state’s evidence on intent and substantial steps.

Given the severe penalties even for unconsummated crimes, fighting attempt charges aggressively is essential. Experienced representation can make the difference between conviction and vindication.

¹
https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-5-1

²
https://rosenblumlaw.com/our-services/criminal-defense/criminal-attempt-in-new-jersey-njsa-2c5-1/

³
https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-5-4

⁴
https://www.njcourts.gov/sites/default/files/charges/inchoate1.pdf

⁵
https://criminallawyerinnj.com/criminal-attempt-charges-in-new-jersey/

⁶
https://www.justice.gov/archives/jm/criminal-resource-manual-1005-attempt