What Counts As An Attempted Crime in New York?

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:

• Police arrested a suspect over an attempted firebombing in Queens.
• An NYC woman was recently convicted of trying to kill her look-alike with a poisoned cheesecake.
• A Manhattan garage owner shot a thief and is now facing attempted murder charges.
• A Dollar Tree employee got shot during an attempted robbery in Brooklyn.

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.

Page Contents

• New York Penal Law Section 110.00 
• Punishments for Attempted Crimes in New York
• Get Help Today

New York Penal Law Section 110.00

New York law defines an attempted crime as follows:

• A person intends to commit a crime, meaning they have a conscious objective or purpose.
• The conduct tends to effect the commission of a crime, meaning the conduct must come dangerously close to or very near the completion of the intended crime.
• The conduct must go beyond planning and mere preparation, but the conduct need not be the last act necessary to effect the actual commission of the intended crime.

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.

Punishments For Attempted Crimes In New York

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.

Get Help Today

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.

See also:

3 Pre-Trial Motions That Can Help Your Criminal Case 

How Does Double Jeopardy Work in a New York Criminal Case? 

Understanding the Classes of New York Felony Charges