It might seem to be common sense that if a person does not actually go through with committing a crime, then they are not guilty of having committed a crime. Unfortunately, that is not always true. Keep reading to learn about how you could face charges for attempting a crime. If you are facing accusations or charges, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with a criminal defense attorney.

The Prosecutor Must Prove Two Elements

In order to prove an attempted crime charge, the prosecutor is required to prove two things. First, that the defendant took a direct step toward committing the crime. Second, that the defendant intended to commit the crime.

Taking a Direct Step Toward Committing a Crime

The law defines a direct step as doing something more than just arranging something or buying something that is needed to commit a crime and more than just preparing or planning to carry out the crime. A direct step must be a step toward committing the crime after the preparations have been put into place. This step must actually involve putting the plan into motion – not just planning it.

Intending to Commit the Crime

If a person plans to commit a crime and freely and voluntarily decides not to do so, then they are not guilty of the attempted crime. But if they take a direct step and are only prevented from completing the crime due to something out of their control, such as being arrested, they can still be convicted.

For example, if someone breaks into someone’s home with the intent to rob a person and the would-be victim maces them, and the would-be burglar is incapacitated until the police get there, there is a strong argument to be made that the accused would have completed the crime if they had not been maced.

Defense Options for Attempted Crimes

One of the most common defense options is to show that the defendant did not take any steps toward committing the crime. Other options include showing that there was no intent to commit the crime or that the defendant willfully abandoned the crime. Of course, in some cases, the accused was not involved in the attempted crime at all.

Potential Consequences for Attempted Crimes

If a person is convicted of an attempted crime, they can face half the jail time and/or fine that they would have been responsible for if they had committed the crime. This could still result in a significant jail or even prison sentence, depending on the crime.

If you or a loved one is accused of this crime, contact Law Office of Michael L. Fell at (949) 585-9055 to set up a free legal consultation. We can work to help find the best possible outcome to the situation you face.