Being charged with a crime you did not commit – even if you wanted to – might seem contradictory. Isn't it true that every crime necessitates the presence of a victim? There seems to be a victim if the activity was not performed. The fact is that, under California law, attempting to commit a crime is frequently a felony in itself. Continue reading to learn more, and then call the Law Office of Michael L. Fell at (949) 585-9055 for a free consultation with a criminal defense attorney.
An attempted crime is defined as a crime committed with the intent to commit a crime
A person is guilty of an attempted offense if all three of the following are true, according to the California Penal Code:
- A person who has set out to commit a certain crime
- An individual who took active activity in the direction of committing the crime
- A person who took a specific step to committing the crime
Let's look at the specifics of attempted burglary now that you've grasped the basics of attempted crime.
The definition of burglary in California is not what most people think. It is described as breaking into a locked room, structure, or vehicle with the purpose to commit a criminal or theft. As a result, someone can be charged with burglary for shoplifting and burglary for breaking into a friend's workplace with the purpose to conduct criminal assault.
The penalties that might be imposed if a burglary attempt is made
In California, practically all attempted offenses are penalized by half of the term the defendant would have received if the crime had been completed. As a result, if you're charged with attempted burglary, you'll need to consider the sort of burglary you're accused of before halving your possible sentence.
For example, a conviction for first-degree burglary carries a three-year sentence in state prison, but a conviction for attempted first-degree burglary has a one-and-a-half-year sentence. We recommend calling Law Office of Michael L. Fell at (949) 585-9055 as soon as as to learn more about the potential consequences for the offense you are facing.
An attorney can assist you in defending yourself against attempted burglary allegations
A criminal defense attorney may be able to assist you in a variety of ways, depending on your situation. In some situations, we may be able to reduce the charges to a less serious offense. In some situations, we may be able to get charges dropped. If required, we are also willing to take your case to court. Regardless, you may rely on Law Office of Michael L. Fell to assist you from beginning to end. For a free legal consultation, call (949) 585-9055 right now.