"Your under arrest for the attempted murder of...everybody." - Cho, The Mentalist
Attempt, conspiracy and aiding are crimes that allow the government to prosecute individuals who don’t actually commit a crime, but who help a crime be committed. It also gives the government a way to prosecute a person who can’t pull the crime off in its entirety. If you try to commit a crime but fail, plan a crime or help a person who has just committed a crime, you can still be prosecuted under the theory of attempt, conspiracy and aiding laws.
Attempt
Imagine if someone tried to break into your house but you came home and caught them in the act. Would you still want them arrested and prosecuted? Under the old common laws that may not have been possible because they did not actually complete the crime. The attempt law is what allows the government to go forward with the prosecution anyway. Attempt means just that, you tried to commit a crime but couldn’t complete the crime for some reason.
Conspiracy
Conspiracy is an agreement between two or more people to engage in an unlawful act and to take steps to further the agreement. This means two or more people have to agree that they want to commit a crime, but then someone has to actually do something to make the crime happen in order for charges to be brought. Without conspiracy, only the person who actually committed the crime would be prosecuted. The people who helped them to plan the crime would walk away.
Solicitation
Solicitation is asking another person to do something illegal for you or with you. In criminal cases, solicitation usually is the crime charged in sting operations involving prostitution. Asking someone to have sex for money is an act of solicitation.
Aiding (Also Known as Aiding and Abetting)
If you do not take part in a crime or plan a crime, you may still be prosecuted. If you help the person committing the crime pull it off by giving them supplies or helping them to evade the law you can be charged with aiding or abetting. The most common form of this crime is hiding someone in your home when the police are looking for them.
Although everyone is familiar with the charge of “attempted murder” there are other uses for “attempt, conspiracy and aiding.” Today many of these crimes are used to help prosecutors charge individuals with RICO or white collar violations. They are also used to help prosecute gang activity. It is very easy to get caught in the net under these charges. So it is important to speak with an attorney if you are charged.
