If you try to commit a crime, you will be charged with a criminal offense. Even if you didn’t end up actually committing a crime, you will still face consequences almost as harsh as if you actually went through with the crime itself. When someone tries to commit a crime in Denver, Arapahoe, or Jefferson County, the District Attorney will charge Criminal Attempt to Commit a Crime. Let’s look closer at this statute in order to understand more about the charges you will face (click here to learn about other inchoate crimes).
What is Criminal Attempt to Commit a Crime?
The definition of Criminal Attempt to Commit a Crime can be found under
Colorado Statute 18-2-101:
“A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense.”
Criminal Attempt can be added to any criminal offense in Colorado. This includes crimes such as Attempted Criminal Mischief, Attempted Disorderly Conduct, etc.
Definition of “Substantial Step” is Vague
As you can see, the definition of “substantial step” towards the commission of a crime isn’t discussed. Instead, this is up to the translation of the prosecution, jury, and judge in your case. This lack of definition is a key point in our defense of clients who are charged with Criminal Attempt to Commit a Crime in Douglas, El Paso, and Adams County.
Examples of Criminal Attempt to Commit a Crime
Kevin has fallen on hard times. He lost his job and his car broke down, and he is worried he’ll be kicked out of his apartment. Kevin’s father is wealthy, and Kevin wishes he could approach him for a loan. But, his father didn’t approve of his choice to not attend college, and hasn’t spoken to him since. But, Kevin knows he keeps an envelope of cash in his desk drawer. Kevin also knows his father is out of town on business. So, he heads to his father’s Highlands Ranch home and tries to get in the house. The key that is normally under the mat is gone, so Kevin finds an open window and starts to climb through. A neighbor sees him, and Kevin is forced to run away. The police track him down, and Kevin is arrested and charged with Criminal Attempt at Burglary.
Hannah is desperate to feed her family. Life has been tough since her divorce, and she’s struggling to pay the bills and put food on the table for her two small children. One day while grocery shopping in Littleton, Hannah sees a woman drop a stack of money while going through her purse at checkout. When the woman walks away, leaving the bills on the floor, Hannah sees her chance to be able to buy food for her two girls. She picks up the money, surprised to find almost $700, and stuffs it into her pocket before heading to the door of the grocery store to leave. Unfortunately for Hannah, an employee saw her actions and calls security. The police are eventually called, and Hannah is charged with Criminal Attempt at Theft in Jefferson County.
harsh as if you had actually completed the crime.
Common Criminal Attempt Charges
|Criminal Attempt at Theft||Class 5 Felony||1-3 Years in DOC|
|Criminal Attempt at 1st Degree Assault||Class 4 Felony||2-6 Years in DOC|
|Criminal Attempt at Aggravated Robbery||Class 4 Felony(Extraordinary Risk Crime)||2-8 Years in DOC|
|Criminal Attempt at Sexual Assault||Class 5 Felony(Non Crime of Violence)||1-Life(with the possibility of probation)|
your side in the courtroom is priceless.
What is the Sentence for Criminal Attempt to Commit a Crime?
The sentencing for Criminal Attempt to Commit a Crime is surprisingly harsh. The consequences depend on the original crime the person was trying to commit – Criminal Attempt charges are one step less than if they had completed the crime. The following chart explains this in greater detail:
Becomes a Class 2 Felony
Becomes a Class 3 Felony
Becomes a Class 4 Felony
Becomes a Class 5 Felony
Becomes a Class 6 Felony
Why You Need a Lawyer for Criminal Attempt to Commit a Crime
As you can see, a conviction of Criminal Attempt to Commit a Crime is almost as serious as actually committing a crime. Because of a conviction can result in a possible jail or prison sentence, it is wise to work with a knowledgeable criminal defense lawyer in order to get the best possible outcome in your criminal case. Don’t accept a plea deal just to avoid jail or prison time – a conviction on your record will have a negative impact on your future. Instead, hire an expert criminal defense attorney who will aggressively fight in the courtroom to protect your freedom.
Colorado Criminal Attempt Statute – 18-2-101
(1) A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense. A substantial step is any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense. Factual or legal impossibility of committing the offense is not a defense if the offense could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.”