In popular crime shows, various characters are often charged with “attempted murder.” So, most people are aware that a crime does not have to be successful to lead to jail time and other negative consequences.
Recently, there have even been a few memorable attempted crimes in the news. For example:
But what criteria do a set of actions have to meet the standard of an actual attempted crime?
Here’s what you need to know.
New York law defines an attempted crime as follows:
Remember that it doesn’t matter that the crime may have been factually or legally impossible to commit. The courts examine whether the crime could have been committed if the circumstances had been as the defendant believed them to be.
The prosecution must prove that all of these elements were present before they can prove that a defendant was guilty, beyond a reasonable doubt, of attempting the alleged crime.
The charge is downgraded by one degree from whatever classification the crime would have held had the defendant been successful.
For example, if the crime would have been a class B felony when completed, the attempted crime would be charged as a class C felony.
It’s important to secure experienced legal counsel if you’re being accused of attempting a crime in New York City. Our team has years of experience helping defendants overcome charges.
Contact us to schedule a case review today.