Have you or a loved one been accused of attempting to commit a crime in Southern California? If you’re being accused of attempted murder, attempted felony, or attempted misdemeanor, a conviction can still mean jail time. You deserve an experienced attorney who will fight for your rights!
It doesn’t matter if you were caught in the act or you stopped of your own free will before you actually committed a crime, you can be found guilty of breaking California law.
In an attempted crime, someone starts to commit a crime but fails for some reason. It might even have been impossible to actually commit the crime—for example, you can’t murder someone who had already died from a heart attack. But if you intend to commit the crime, and take a direct step towards committing it, you can be found guilty under California law.
Direct steps towards a crime
You can’t be found guilty of a crime just because you thought you’d like to do something that is against the law. Then we’d ALL be guilty of something! The difference is when you start putting plans into action by taking substantial steps that lead directly towards committing the crime.
Direct steps are more than preparation or obtaining a few things you might need to commit a crime. Just buying a gun and a ski mask, without additional action, may not be enough to convict you of an attempted crime. But if you walked into a bank with your mask on and your gun drawn, you might be found guilty even if you walked straight out again.
Conspiracy and solicitation
Several other types of crimes can get you in trouble even when you don’t complete the crime. Criminal conspiracy is a situation where two people agree to commit a crime and at least one person takes an overt action within California.
You can also be charged with solicitation if you asked someone else to commit a crime or help you commit a serious crime, such as robbery, burglary, grand theft, kidnapping, arson, or assault with a deadly weapon. For most crimes, solicitation is punishable by up to a year in county jail, and/or a fine up to $10,000 (or more, if the underlying crime is punishable by a larger fine).
Attempted crime, actual punishment
California law specifically says that attempted willful, deliberate, and premeditated murder should be punished by life in prison without parole. But for most crimes, the law simply says that the sentence cannot be longer than half the maximum time for the underlying crime. If the maximum sentence is life in prison or the death penalty, the maximum penalty is up to nine years in state prison. If the punishment includes a fine, the greatest amount you could have to pay is half of the maximum fine.
An attempted crime can also be a strike against you under California’s “Three Strikes” law. If the underlying crime is a serious felony that would count as a strike against you, an attempt would also count as a strike.
Defending against charges of attempted crimes
Appearances aren’t always what they seem. Even if it looks like you were caught red-handed, the prosecution must prove that you actually had the intention of committing the crime you are accused of. The prosecutor also has to prove that you took direct and substantial steps towards committing the crime. Just because you made some preparations, you might not have been ready to take action.
It’s time to call your attorney!
Even when the facts against you look bad, a dedicated, experienced criminal law attorney like Dan E. Chambers will do his best to fight for a favorable outcome. If you’ve been accused of attempting a crime in Southern California, talk to top criminal defense attorney, Dan E. Chambers. Contact Chambers Law Firm today by calling 714-760-4088, emailing dchambers@clfca.com, or sending a message via the Chat box at the bottom right of this page.
