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:

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.

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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

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About The Author

Jeffery Greco

Jeffery Greco is an attorney providing legal services covering Criminal Defense and Criminal Defense: White Collar and Criminal Defense: DUI / DWI. Jeffery Greco, who practices law in New York, New York, was selected to Super Lawyers for 2020 - 2023. This peer designation is awarded only to a select number of accomplished attorneys in each state. The Super Lawyers selection process takes into account peer recognition, professional achievement in legal practice, and other cogent factors. Prior to becoming an attorney, he studied at South Texas College of Law Houston. He graduated in 2004. After passing the bar exam, he was admitted to legal practice in 2005.

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