Attempt is a crime we are all familiar with. The most common attempt crime is attempted murder, which we hear about almost everyday in the news. But attempt can cover a multitude of crimes and scenarios.
Under the old laws of England, a person could not be found guilty of a crime unless every element was met. This meant that if someone started to break into a home, but was discovered by the homeowner before the crime was completed, they could be found not guilty and suffer no penalty. This rewarded individuals who were caught in the act. This did not seem fair. So the crime of attempt was created. Attempt allows the government to prosecute even if the person’s attempt to commit a crime was thwarted in some way before it could be completed.
The truth is I did try to stab him. I tried to stab him with a butter knife. Why? Because it seemed deadlier than trying to stab him with a melting stick of butter. - Jarod Kintz
How Is 'Attempt' Defined?
Under Pennsylvania law, a person commits an attempt when with intent to commit a specific crime the person does any act which constitutes a substantial step toward the commission of that crime.
This definition is pretty common among the States.
What Does This Mean in Plain English?
It means that if you want to commit a crime, and you try to commit it and fail, you are guilty of the crime of attempt.
For instance
- If you try to shoot someone and miss, you can be guilty of attempted murder.
- If you break into a bank and the silent alarm goes off and the cops meet you as you are walking out the door with the money, you can be guilty of attempted robbery.
- If you try to hit someone and miss, you can be guilty of attempted battery.
You want to rob a convenience store, and buy a gun and a mask, get a bag and walk up to the store doors with the intent to rob it. But someone calls the cops before you even get in the store and they prevent you from entering. You can be guilty of attempted robbery.
What Happens if My Crime Is 'Impossible'?
In very, very rare cases, someone will plan an impossible crime. The reason the crime is impossible is because what the person is planning on doing is not a crime. This is called “impossibility”. Regarding this, most states have a statute that reads something along the lines of
"It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the crime attempted".
This means if you plan to take some type of action that you THINK is a crime, and you do it, you can be charged with attempt, even if what you did was not a crime.
Clear as Mud? Here is the Most Common Example of 'Impossibility'
Let’s say you want to kill your spouse. Your spouse goes to bed and you wait an hour or so to make sure they are sleeping heavily before you walk upstairs with a knife. You look over at your spouse in the bed, see that the eyes are closed and you immediately stab your spouse several times to make sure they are dead.
But what you do not realize is that when your spouse went to bed, they had a heart attack and died before you came upstairs. So your spouse was dead before you stabbed them with the knife.
It was “impossible” for you to kill your spouse because they were already dead. But under the circumstances, you can still be charged with attempted murder. You didn’t know they were dead and you acted as if they were alive. You tried to commit a crime. So you can be guilty of attempt. The fact that it is impossible to kill a dead person is not a defense.
Is It a Defense if I Decide Not to Commit the Crime?
When you start to commit a crime, and then change your mind, it is known as “renunciation.” True renunciation is a defense to attempt.
What Is 'Renunciation'?
True renunciation means that you have a change of heart. It means that before you actually try to commit the crime you decide you are not going to do it. You walk away. Renunciation must be complete and voluntary in order for it to be a defense.
For instance, you want to rob a bank. You buy a gun and a mask. You drive to the parking lot of the bank. The lot is empty and there is no one around. As you pull into the parking lot you decide “this is a really bad idea.” So you pull back out and drive home. That is true renunciation. That can be a defense to attempt.
What Is Not 'Renunciation'?
In some cases giving up doesn’t count. You have to decide not to commit the crime before you do it. You can’t stop half way through and you can’t stop just because you think you are caught.
For instance, you want to rob a bank. You buy a mask and a gun. You drive to the parking lot of the bank As you pull into the lot, you put on the mask. But as you look in the rearview mirror, you notice there is a police officer in the parking lot and you are afraid he has seen you. So you pull out and drive home. That is NOT renunciation and you can still be prosecuted for attempt. If it weren’t for the officer you would have still tried to rob the bank. So your change of heart was not truly voluntary.
What Are the Penalties for Attempt?
Attempt crimes are usually prosecuted as one degree less than the attempted crime. This means if you attempted a crime that is 1st degree felony, the attempt will be charged as a 2nd degree felony, and so on. Some jurisdictions give the same penalties whether you are charged with attempt or the actual crime. The punishment just depends on what type of crime you tried to commit.
Attempt crimes are serious matters. A good defense attorney can explore many options in an attempt case and protect your rights. If you are charged with attempt it is very important for you to contact an attorney as soon as possible.
