What happens if you attempted a crime but never completed it? Without coming close enough to finish the crime, you may wonder if you can still sustain charges. The answer is “yes.” Criminal attempt offenses still carry penalties, but this does not mean that you have no options. With an experienced defense attorney on your side, you have a chance for good results.
You should know that, simply making the decision to commit an offense, is not enough to constitute an attempt charge. Instead there must be an overt act that was intended to follow through with an actual criminal act. More than just preparation for a crime can land you in trouble. If you have been charged with attempt, what defenses can you use?
Using a Defense in a Criminal Attempt Case
From a defense standpoint, even if you were considering the commission of a criminal act, it must be shown that you did not perform any criminal act rather than just preparation for the crime alone. Let’s say that you were planning on selling somebody drugs so you called them and asked if they were interested in buying. This is not enough to prove the overt act because you did not actually try to physically sell them the drugs. Any evidence they can bring into the case may not be enough because you never followed through with selling the drugs.
Penalties: What to Expect
If you had committed an actual felony, you would expect heavier penalties. However, the penalties you receive for an attempt is never going to be as harsh as the actual crime. For instance, if you were convicted of sexual assault, you would receive a first degree felony, whereas an attempt would be second degree. As such, the penalties can really range depending on the nature of the charges and what you are actually convicted of. If you have questions about your attempted crime and need an attorney on your side who understands these laws, give us a call today. We will be there for every step of your case to help you along the way.