Charges involving attempt crimes can often be perplexing. It may seem that an uncompleted crime cannot lead to prosecution, but the reality is quite different. Depending on your intent and whether you took any steps to make a crime happen, you can be charged with an attempt to commit a crime and face severe punishment if convicted. Contact Law Office of Michael L. Fell at (949) 585-9055 if you are facing criminal charges in Southern California.
What Constitutes an Attempt Crime?
An attempt occurs when a person:
- Intends to commit a crime; and
- Performs a direct act toward committing that crime.
Even if an individual abandons their plans, they can still be found guilty of an attempt if the prosecutor can demonstrate both intent and a direct act.
For example, consider a scenario where a man lies in wait in a dark alley and jumps out to grab a woman walking by at night. He attempts to rape her, but she escapes. He can be charged with attempted rape because he intended to rape her and took a direct action toward committing that crime.
Similarly, if a person intends to break into a jewelry store to steal money and jewelry and has the store plans, the necessary tools, and is wearing dark clothing, but runs away after breaking into the store because the alarm goes off, that person can be charged with attempted second-degree burglary. The person intended to burglarize the store and took a direct action towards doing so.
Penalties for Attempt Crimes
The punishment for an attempt crime is typically half the sentence that would have been received if the crime had been completed. This applies whether the crime is a misdemeanor or a felony. For crimes that carry a sentence of life in prison or the death penalty, the punishment for an attempt ranges between five and nine years in prison. For attempted murder that is willful, deliberate, and premeditated, the potential sentence is life in prison without the possibility of parole.
Case Study: Attempted Burglary
In the burglary example above, second-degree burglary could be charged as either a misdemeanor or a felony. As a misdemeanor, it is punishable by up to one year in county jail. As a felony, it is punishable by between 16 months and three years in county jail. Depending on how the attempted second-degree burglary is charged, the individual could face anywhere from under six months to 18 months in county jail.
The Importance of Legal Representation
If you have been charged with an attempt crime, it is crucial to seek the assistance of a seasoned criminal defense lawyer. A skilled attorney can help navigate the complexities of your case, advocate on your behalf, and work towards the best possible outcome. Law Office of Michael L. Fell aggressively advocates for its clients throughout the criminal justice process. Contact our firm today at (949) 585-9055 to schedule a free initial consultation.