Criminal Lawyer Defense
A criminal offense being labeled as an “attempt” means exactly that. If you intend to commit a crime and fail, this is a failed attempt. Attempt charges are unique in every state, so the laws and punishments vary nationwide also. Just so long as a person has the desire and intent to commit a crime, any form of criminal offense, with the intent to follow through entirely but are unsuccessful in doing so. There are several different types of attempted criminal offenses that are punishable by law.
In order to be prosecuted in an attempted charge case, prosecution will have to prove that the individual that has been accused intended to complete a crime. Without intent, there is likely no conviction. Depending on the extremity of the crime, intent is not enough to convict but it is always required in attempted charge cases if there is a conviction to be made.
Intent is not to be confused with preparation. While you can be questioned by law enforcement about strange purchases of supplies that are typically used to kidnap or murder someone, you cannot be arrested for preparing to commit said crimes. It shifts when you begin the actual work. Such as, going to the persons home and tackling them with the intent of taking them in your vehicle and away from where they were. Although the victim can fight you off, and possibly avoid being taken at all, this is enough to be charged with attempted kidnap. The same would go for murder. You would obviously had to have failed in your attempt to murder an individual, but buying the gun and bullets are not enough to convict you. In this instance, imagine you knowingly shoot your victim with intent to kill them, but they do not die. This is an attempted murder.
There are steps to “successfully” be charged with an attempt, such as:
- Generally any consideration of the crime to be committed,
- Making the decision to commit the crime,
- Planning and preparing to complete the crime,
- Beginning the crime,
- Not being successful.
If you or someone you know is being investigated or has already been charged with attempted criminal offenses, speak with a Decatur criminal lawyer defense as soon as possible. There are several ways charges such as these can play out, so it is best to have a skilled criminal defense attorney on your team to ensure that you receive the option to the best justice and defense.
Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into criminal defense and attempt charges.