Criminal Attempt
Individuals often believe that they cannot be arrested or charged if their attempt to commit a criminal offense is unsuccessful. The law in New Jersey does not support this view. If you or a loved one is the subject of a criminal charge that stems from an attempt, we can assist you. Our law firm, the Marshall Criminal Defense has a staff of lawyers with over 60 years of experience defending those accused of all sorts of offenses. Attorneys are available to assist you 24/7 at 855-450-8310. A lawyer is ready to provide you with answers immediately and walk you through the criminal process.
New Jersey Criminal Attempt Law – N.J.S.A. 2C:5-1
a. Definition of attempt. A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:
- Purposely engages in conduct which would constitute the crime if the attendant circumstances were as a reasonable person would believe them to be;
- When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing such result without further conduct on his part; or
- Purposely does or omits to do anything which, under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
b. Conduct which may be held substantial step under subsection a. (3). Conduct shall not be held to constitute a substantial step under subsection a. (3) of this section unless it is strongly corroborative of the actor’s criminal purpose.
c. Conduct designed to aid another in the commission of a crime. A person who engages in conduct designed to aid another to commit a crime which would establish his complicity under section 2C:2-6 if the crime were committed by such other person, is guilty of an attempt to commit the crime, although the crime is not committed or attempted by such other person.
d. Renunciation of criminal purpose. When the actor’s conduct would otherwise constitute an attempt under subsection a. (2) or (3) of this section, it is an affirmative defense which he must prove by a preponderance of the evidence that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of such defense does not, however, affect the liability of an accomplice who did not join in such abandonment or prevention.
Explanation of Criminal Attempt in NJ
There are three (3) ways that criminal liability may be triggered for “attempt” under N.J.S.A. 2C:5-1. A prerequisite to any of these three bases is that the defendant’s engaged in “purposeful conduct”. To be purposeful, the actor must have intended to commit the crime and/or bring about a criminal result.
Where this exists, an individual may be convicted of a crime based on attempting in three possible ways:
- Reasonable Belief Standard: A person may be held accountable for a crime where his conduct, viewed from the perspective of a “reasonable person,” would have constituted a crime.
- Last Proximate Act: The second basis for a conviction for an attempted offense is where an accused has done all that he believes is necessary to bring about a criminal result.
- Substantial Step: The final way someone can be convicted of a crime based on an attempt is where his conduct is a substantial step in causing a crime.
Attempt Does Not Apply to Disorderly Persons Charges
To be guilty of an offense based on an attempt, an accused must have been attempting to commit a crime as opposed to a disorderly persons or petty disorderly persons offense. A person cannot be convicted of a petty or disorderly person charge based on their attempt to commit the offense.
Renunciation as a Defense
Defense in a prosecution for the attempted commission of a crime is renunciation. To succeed in this defense, the accused must establish that his renunciation was complete and voluntary. The “voluntary” requirement is satisfied where the actor has the purpose to change his conduct without any motivation of fear of being detected or caught, or enhanced difficulty in committing the offense. A renunciation is not “complete” unless and until an individual takes affirmative steps to prevent the commission of the crime.
Grading & Penalties for Attempting to Commit an Offense
When an individual is convicted of an offense based on attempting to commit it, the penalties and punishment that apply is the same as those that apply to the crime attempted. You will be subject to imprisonment of up to 18 months and a $10,000 fine for a fourth degree crime. The penalties are slightly less for a third degree crime with the possibility of 5 years in prison and a $15,000 fine. A second degree crime, which carries a presumption of imprisonment, can land you in prison for 5-10 years and result in a $150,000 fine. First degree crimes are the most serious and result in 10-20 years in prison and a $200,000 fine.
Attempt to Commit a Crime Defense Attorneys in New Jersey
You obviously have significant risk exposure if you have been charged with attempting to commit a criminal offense. The truth is, however, that an accomplished lawyer can go a long way in mitigating what you are facing. The attorneys a Marshall Criminal Defense welcome the opportunity to assist you and are available to discuss your options in a free initial consultations. Call us at 855-450-8310 anytime 24/7 for the time and attention you need in this confusing time.
Criminal Attempt
Is Preparing To Commit A Crime An Attempt Under New Jersey Law?
No, the mere preparation to commit a crime is not sufficient to constitute the an attempt of the crime. To be guilty of attempt, a person must act with purpose. There are no negligent attempts. A vague recollection or inability to recall events could defeat an attempt charge for lack of purpose. A failure for a condition to occur however will not invalidate an attempt charge merely because the condition never occurred.
Can A Conviction For Criminal Attempt Be Expunged In New Jersey?
Expungement is a mechanism that allows an individual to eliminate a criminal record so that they can avoid its negative impact. Eligibility to expunge a conviction hinges on several factors including the extent of an individual’s record, how long has elapsed since the conviction, and the type of criminal offense involved. Criminal attempt is a charge that can be expunged in a wide number of cases but you will need to speak to an expungement law to get the particulars in this regard.
Is A Criminal Attempt Charge Eligible For Pretrial Intervention (“PTI”)?
New Jersey has adopted several diversion programs that allow an individual charged with a criminal offense to avoid a conviction. Pretrial Intervention, also referred to as PTI, is probably the most popular of these programs. You are typically eligible for this program if you criminal attempt charge is a third degree or fourth degree crime. Situations where an individual is facing a more serious offense, for example, a second degree crime, can only be resolved through PTI with prosecutor consent. Retaining an experienced attorney can go a long way in maximizing your chances of securing Pretrial Intervention in a NJ criminal attempt case.
Does Attempt Merge With The Crime?
A conviction for the attempt of a crime merges with a conviction for the criminal offense committed. The purpose of New Jersey’s attempt law is to punish a person whose failure to commit a crime is due to chance. Attempt focuses on the intent of the actor rather than the resulting harm. Nonetheless, you will not be penalized twice.
