Lawyers Defending Attempted Felony and Misdemeanor Offenses
Even when someone does not or cannot finish committing a criminal offense, the law still aims to punish them for trying.
What happens if a person tries to commit a crime but is unsuccessful?
Some may think that no crime has been committed if a person attempts to commit a crime and is unsuccessful. For example, consider a situation where an Illinois resident plans a bank robbery in Michigan. He legally purchases a firearm, a facemask, and gloves in preparation for the crime. He puts the items in his car’s trunk (properly storing the firearm) and drives from his home in Illinois to the bank in Michigan. He breaks no laws on the way to the bank. He parks his car, gets out, and goes around to the trunk to retrieve the legal firearm, gloves, and facemask. On his way to the trunk, he trips and hits his head on the ground knocking himself out. The police respond and arrest him for attempted robbery. The bank robbery was never completed. Is he guilty? Under Michigan and Federal law, he would be guilty of Attempted Bank Robbery if the prosecutor could prove that he intended to rob the bank. An experienced criminal defense attorney will know the best strategies to defend attempted felony and misdemeanor charges.
Every crime is made up of parts called “elements.” For a defendant to be guilty of a crime, they must be guilty of every element of the crime. For an attempted crime, the elements are (1) the intent to commit a crime and (2) some act in furtherance of the crime, even though the offense was not completed.
In the bank robbery example, buying a gun, facemask, and gloves are all acts in furtherance of the crime. Driving to Michigan and parking at the bank are additional acts in furtherance of the crime. In this situation, a state or federal prosecutor would likely charge the defendant with Attempted Bank Robbery. The case could be charged in federal court because the person crossed the Illinois/Michigan border to commit the offense.
How far do you need to go toward completion for there to be an attempted felony or misdemeanor charge?
The law makes prosecution simple, as all that is needed is “any act toward commission” of the offense. In the example above, “any act” could be simply putting the firearm in the trunk (if it was done to commit the bank robbery). The possible examples of attempted crimes are limited only by the imagination. Because the crime does not have to be completed for there to be a criminal charge for an attempt, the prosecutor will have to rely on other evidence to prove that the defendant intended to commit a crime. Talented and experienced prosecutors know all of the tricks of the trade to get juries to convict in these cases. A defendant’s best hope of avoiding a conviction is with an expert defense attorney who will do whatever it takes to give their client the best chance of winning in court.
Penalties for Attempting to Commit a Crime
Penalties for attempted felony and misdemeanor charges depend on what crime is allegedly attempted and the penalty for the completed crime. For instance:
- For crimes punishable by life in prison or more than 5 years, the penalty for an attempt can be as high as 5 years in prison.
- For crimes punishable by less than 5 years in prison, the penalty can be up to 2 years in prison, or it can be 1 year or less in the county jail and up to 5 years of probation.
- The law states that in no case shall the punishment for an attempt exceed ½ of the severest punishment possible for the completed crime.
Defenses to Attempting to Commit a Felony or Misdemeanor
An astute and experienced criminal defense attorney knows that it may be difficult for the prosecutor to prove that a crime was attempted or that the defendant intended to commit it. One of the most challenging things for a prosecutor to prove is intent because a person’s thoughts are solely in that person’s mind. If there are little or no outward acts or physical evidence to show what the person was thinking, the prosecutor may not be able to prove the defendant guilty.
Suppose a would-be armed robber is approaching a victim intending to rob him, and he is unaware a police officer is watching. The officer’s gut instinct tells him a robbery is about to occur. If the officer yells out a warning or command and stops the robbery from taking place, it would be nearly impossible to prove the defendant intended to rob the target. Even if the officer conducts an investigation and stops and frisks the would-be robber and finds a weapon on him, the most severe applicable crime is carrying the weapon, if the search is upheld.
Successful and Powerful Defenses Against Attempted Crime Charges
Defenses are always based on the particular circumstances of an alleged criminal act. A defense attorney’s skill and ability factor into what defenses are viable in a particular case. The best can always find some way to help. A savvy defense lawyer can get charges dismissed and thrown out of court in some cases. Sometimes, if the evidence is overwhelming and an outright dismissal is impossible. The best attorneys find a way to convince the prosecutor to reduce the charge (a plea bargain) or convince the judge to reduce the punishment.
Defenses might include any of the following:
- An act towards the commission of a crime was not done;
- There was no intent to commit any crime;
- The defendant was doing something he had a right to do (such as attempting to break into a car or house he had permission to enter and use);
- The defendant was at the location of an alleged attempted crime for a legitimate alternative reason;
- The crime that the defendant was allegedly attempting to commit would have been obviously impossible, and therefore it is unreasonable to claim he was attempting to commit it (for example, driving an automobile away where it was evident the vehicle had no engine, wheels, or steering wheel);
- Abandonment and Withdrawal. It is a defense to an attempted crime if the defendant can prove that they voluntarily abandoned the crime or voluntarily withdrew from the commission of the offense before completion.
Defense Attorneys Sucessfulling Protecting Clients Charged With Felony and Misdemeanor Attempt Crimes
The Defense Team at LEWIS & DICKSTEIN, P.L.L.C. has decades of experience defending attempted misdemeanor and felony charges throughout Michigan and federal court. We have a well-earned reputation for providing the highest-level quality of defense and zealous representation while showing compassion and personal attention to each client. When other lawyers are unable or unwilling to present a compelling defense, our attorneys will stop at nothing to protect and defend our clients.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
