Criminal Law - Attempt

ATTEMPT

Attempt is a crime where a D intends to commit a specific intent crime, and takes some actions to commit the crime, but does not complete the crime. Attempt will be present if the D enacts an act in furtherance of the specific intent to commit a crime, that goes beyond mere preparation to commit a crime. The crime of attempt merges with the completed crime

Attempted Murder/Intent to Kill

Attempted murder is a specific intent crime, therefore, the only malice state that will support a charge of attempted murder, is intent to kill murder.

Factual Impossibility

Factual impossibility, where D asserts they made a mistake of fact regarding the situation, is not a viable defense.

IMPOSSIBILITY

Impossibility is a defense where the D has done all they could do to accomplish a criminal result, but external circumstances operate such that no crime takes place.

RENUNCIATION/WITHDRAWAL

Renunciation is a defense where the D voluntarily abandons their attempted crime before completion of the substantive crime. However, renunciation/withdrawal will not be deemed a viable defense if the D merely abandoned their criminal activity for the following reasons: due to a threat of imminent apprehension; in order to perpetrate the crime at a more advantageous time; or because the D was dissuaded from completion of the crime by the victim.

MPC Substantial Step Test

The MPC substantial step is based on whether there was an act or omission by the D that would constitute a substantial step towards completion of the crime that is strongly corroborative of D criminal intent.

Equivocality Approach

The equivocality approach considers whether the D conduct unequivocally manifested a criminal intent, and if it did, criminal intent will be found even if the actual completion of the crime was many steps away.

Proximity Approach

The proximity approach looks at how close the D came to completing the crime. There must be a least a substantial step taken by the D towards completion of the crime, and attempt will normally be found where the D took the last proximate act to bring about the criminal result.

SPECIFIC INTENT

The required mental state will exist for an attempt crime where the D intended to do acts which would have resulted in the commission of the crime.

DEFENSES

The two major defenses to attempt are impossibility and renunciation.

SUFFICIENT ACT

There must be some overt act in furtherance of the criminal objective, that goes beyond mere preparation. There are a number of tests to determine if D entered the zone of perpetration through completion of an act in furtherance of the crime that is beyond mere preparation, including the proximity approach, the equivocality approach and the MPC substantial step test.

True Legal Impossibility

True legal impossibility exists where a D is mistaken about the definition of a crime, and D actions do not constitute a crime. True legal impossibility is a successful defense, if it is applicable.