A criminal attempt is when someone tries to commit a crime and takes a real step toward doing it, but does not complete the act. Even though the crime was not finished, the law still treats the attempt as a chargeable offense.
How Criminal Attempt Works in California
Under California Penal Code § 21a, criminal attempt requires two elements: a specific intent to commit the underlying crime, and a direct but ineffective act toward its commission. Mere preparation is not enough. Penal Code § 664 generally sets the punishment at half the term for the completed offense, though attempted murder and certain other attempts carry their own enhanced penalties.
Related Legal Terms
Criminal attempt charges intersect with concepts like specific intent, lesser included offenses, and felony classification, and arise frequently in our violent crimes and theft crimes defense practice.
Charged with Criminal Attempt in California?
Intent and overt-act issues create defenses. Call for a free consultation.
