{"id":2778,"date":"2016-07-11T09:35:33","date_gmt":"2016-07-11T09:35:33","guid":{"rendered":"http:\/\/bajajdefense.wpengine.com\/?p=2778"},"modified":"2016-07-11T09:35:33","modified_gmt":"2016-07-11T09:35:33","slug":"understanding-attempt-crimes-california","status":"publish","type":"post","link":"https:\/\/aquahealphysiotherapy.com\/vblaw\/understanding-attempt-crimes-california\/","title":{"rendered":"Understanding Attempt Crimes in California"},"content":{"rendered":"

<\/b>Despite what you may think, more often than not, being convicted of an attempted crime can lead to the same sentence as if you had actually completed the crime. The basis of all criminal law comes down to <\/span>intent<\/span><\/i>. <\/span><\/p>\n

The rationale is that if you attempted to do something, you had the requisite intent to carry out the crime, but were simply prevented from doing so due to an external factor (your gun chamber was empty, you got caught before you could complete the crime, you changed your mind after taking a substantial step to complete the crime, etc.). As such, California law provides for sentences consistent with a completed crime, even for mere attempt and incompletion of the target offense.<\/span><\/p>\n

California Attempted Crimes Law<\/h2>\n

According to the <\/span>California Penal Code Section 21a<\/span><\/a>, an attempt to commit a crime consists of two elements:<\/span><\/p>\n

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  1. A specific intent to commit the crime <\/span>and<\/b><\/li>\n
  2. A direct, but ineffectual act done toward its commission<\/span><\/li>\n<\/ol>\n

    The burden is on the prosecutor to prove that<\/span> both<\/b> elements were met in order for the defendant to be convicted of attempt. The intent element applies to the \u201ctarget\u201d (or \u201cunderlying\u201d) crime\u2014that is, the crime that would have been committed, had the attempt been successful. The direct, ineffectual act requirement generally means that the defendant has taken a substantial step in completing the crime, such as showing up at the house he intended to burgle or pointing the gun at the person he intended to shoot.<\/span><\/p>\n

    Defenses to Attempt Crimes<\/h2>\n

    Sometimes a person may attempt to commit a crime without realizing it. In this instance, you cannot be convicted of attempt if you did not intend to commit the underlying crime. Not intending to commit the underlying crime would be considered a legal defense to attempt as would:<\/span><\/p>\n