Defendants do not have to complete a crime to be criminally charged. Even if your efforts fail or the crime never comes to fruition, you may be charged with criminal attempt. This can be a bit confusing, and you should seek help from a lawyer immediately.
A person may be charged with criminal attempt if they intend to commit a specific crime and take a substantial step toward committing it. The crime need not be completed for a person to be charged with criminal attempt. You might be able to defend yourself if you renounced your criminal intent, or if your actions do not constitute a substantial step in the crime. How you are charged depends on how the completed crime would have been charged.
Begin your defense with a free case review from our Philadelphia criminal defense lawyers by calling Kenny, Burns & McGill at (215) 423-5500.
How Criminal Attempt May Be Charged Under 18 Pa.C.S. § 901
You might have heard of people being criminally charged for attempting to commit crimes, but their attempts are ultimately unsuccessful. Criminal attempt may be an incredibly serious charge, depending on the offense that was allegedly attempted.
Charges for criminal attempt may apply if a defendant is believed to have taken a substantial step toward the commission of a crime. For example, if someone points a loaded gun at another person and pulls the trigger, but the trigger jams, the person may be charged with attempted murder.
How Can I Fight Charges for Criminal Attempt?
There may be several ways you can fight criminal attempt charges, although some defense strategies may be barred.
Impossibility
It is not a defense that the crime the defendant allegedly sought to commit was impossible to complete. For example, suppose a defendant is charged with attempted bank robbery, but, unbeknownst to the defendant, there was no cash in the bank. As such, the robbery would have been impossible to complete, but the defendant may still face charges for criminal attempt.
Renunciation
You may defend yourself if you renounced the crime before it could be completed. Effective renunciation requires the defendant to completely and voluntarily abandon their criminal intent and any attempts to complete the crime. In some cases, the defendant may be required to go a step further and take active steps to prevent the crime from being completed after renunciation.
No Substantial Step
You might not need to renounce the crime if there was never a substantial step toward its completion. To be convicted, prosecutors must prove beyond a reasonable doubt that the defendant took a substantial step toward the attempted crime. This might range from actually attempting the crime to simply purchasing the materials needed to complete it ahead of time. If prosecutors have no evidence of a substantial step, we can challenge the charges.
How to Renunciate Criminal Intent Before Attempting a Crime
Renunciation is a common defense strategy, but you must do more than merely claim you renounced your criminal intent.
Renunciation Must Be Voluntary
First, our criminal defense lawyers must prove that your renunciation was voluntary. If someone else forced you to stop, you might not be able to claim that you renounced the crime. Also, stopping the crime because you believe that you are likely to be apprehended by law enforcement does not usually constitute voluntary renunciation.
Abandonment of the Crime
Renunciation must involve abandonment of the crime. The fact that the crime is impossible or left incomplete does not necessarily prove abandonment. In some cases, once a crime is abandoned, others might somehow complete it, and the defendant must take additional steps to report the crime or prevent its completion. Contacting the police to stop the crime may be important to prove abandonment.
When Renunciation is Invalid
Renunciation is invalid or ineffective if it was not voluntary or if the crime was not actually abandoned. For example, if renunciation is motivated solely by a belief that apprehension by the police is imminent, it is ineffective. Similarly, postponing the crime is not considered abandonment.
FAQs About Charges Under 18 Pa.C.S. § 901
How Can I Be Charged with Criminal Attempt?
To be charged with criminal attempt, a defendant must be alleged to have intended to commit a certain crime and to have taken a substantial step toward completing it.
How Can I Fight Charges for Criminal Attempt?
Criminal attempt requires an intent to commit a specific crime and a substantial step in committing it. If either element is absent, the charges should not stand. You might instead argue that you renounced the crime before it could be completed.
How Do I Renounce a Crime to Avoid Criminal Attempt Charges?
Renunciation must be complete and voluntary to be effective. Complete renunciation requires the defendant to abandon the crime and, in some cases, to take further steps to prevent its commission. The renunciation must be willing and voluntary and not made merely because the defendant believes they are likely to be apprehended by law enforcement.
What Constitutes a Substantial Step in a Criminal Attempt Case?
Criminal attempt charges require some substantial step toward completing the crime. Such a step may include purchasing materials necessary for the crime, scoping out the location of the crime ahead of time, or some other act that strongly indicates the defendant’s intent to commit the crime.
Can I Be Charged with Criminal Attempt if the Alleged Crime was Impossible to Commit?
Yes. If a defendant misinterprets the circumstances surrounding the offense, rendering it impossible to complete, they may still be charged with criminal attempt.
Can I Be Charged with Criminal Attempt if I Actually Complete the Crime?
No. Criminal attempt is an inchoate crime, which is an offense that involves taking punishable steps toward committing another offense. If the offense is completed, the inchoate offense merges with the completed crime, and you would be charged with the crime itself, not the attempt.
Speak to Our Defense Attorneys for 18 Pa.C.S. § 901 Charges for Support
Begin your defense with a free case review from our criminal defense lawyers by calling Kenny, Burns & McGill at (215) 423-5500.
