Many might assume that merely intending to commit a crime but not following through with it means no crime was committed. This might be true in some situations, like contemplating driving drunk but deciding to call a cab instead. However, under California law, there are many instances where attempting to commit a crime is itself a criminal offense.
According to California Penal Code 664, it is unlawful for a person to attempt to commit a crime. This includes scenarios such as attempting to commit rape but having the victim escape before the act takes place, entering a bank with the intention of robbing it but fleeing with the gun due to nervousness, or trying to set a car on fire but abandoning the scene when someone notices you.
Defense Options for Charges of Attempting to Commit a Crime
If you are charged with attempting to commit a crime, there are several potential defense options depending on the specific charges and circumstances. Common defenses include demonstrating that there was no act in furtherance of the crime, proving there was no actual attempt to commit the crime, or showing that you had a genuine change of heart and abandoned the plan before any illegal actions were taken.
Potential Consequences of a Conviction for Attempting to Commit a Crime
A conviction for attempting to commit a crime in California can result in significant penalties. If convicted, you could face up to one half of the jail term and one half of the fine associated with the actual offense. This applies whether the charge was a misdemeanor or a felony. For instance, if the actual crime carries a penalty of four years in prison, an attempt might result in a maximum of two years in prison.
Why Are Attempted Crimes Punished?
The state punishes attempted crimes for several reasons:
- Deterrence: Punishing attempts aims to deter individuals from breaking the law.
- Consequence Avoidance: A person should not escape consequences simply because the crime was not completed due to circumstances beyond their control.
- Harm Prevention: Even attempted crimes can result in harm or create a risk of harm, justifying punishment.
Call Chambers Law Firm for a Free Legal Consultation
If you have been charged with attempting to commit a crime or any other offense, it is crucial to seek legal assistance immediately. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation. Our experienced attorneys will carefully consider your options to ensure you have the best possible defense.
This may involve demonstrating your innocence, proving your non-involvement, or negotiating the most favorable plea deal. Don’t wait—call now and let us start building your defense.
