Put It to the Test: What ‘Attempt’ Really Means in the Eyes of the Law

Attempt in the eyes of the law is the action of intentionally trying to carry out a certain goal, however, not necessarily succeeding. It’s an attempt at a crime, even though the perpetrator may never have fully carried it out. Let’s take a look at the definitions of criminal attempt – as well as real-world examples to bring the concept to life for better understanding.

Legal Definition of ‘Attempt’

According to legaldictionary.net, attempt is defined as “direct, unequivocal acts that would lead unavoidably to a completed crime, had it not been for outside interference or an independent intervening act.” The key ideal here is intent. In order for an action to be considered attempt, the perpetrator must have intended to commit the crime, even if they never succeeded.

Examples of ‘Attempt’

Often, intent is a difficult concept to understand in the legal world. To make it a bit clearer, let’s look at a few examples of attempt to get a better feel for it. For example, if you were planning to break into someone’s home, with the intention of committing theft – but never actually manage to enter – you would still be guilty of attempt. Here are some other examples of attempt for perspective:

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• Attempting to buy illegal drugs, even if the sale never takes place.
• Conspiring to commit a crime with other accomplices, even if it never happens.
• Attempting to hack a computer system, even if the effort is unsuccessful.

Generally speaking, any action intended to produce a criminal result can be considered an attempt, even if you never accomplish the task.

Penalties for ‘Attempt’

Penalties vary from state to state, and depend on the seriousness of the crime. However, some states treat attempt as a crime on its own, and could possibly mean that the perpetrator is held just as accountable as if the crime was fully committed. Of course, it’s likely someone who only attempted a crime would serve far less time than someone who accomplished it – but that’s something that’s decided on a case by case basis.

The Bottom Line

Attempt is an inevitable part of legal proceedings. In order for it to legally be considered attempt, the perpetrator must have intended to commit the crime. Ultimately, the courts will decide and levy an appropriate punishment, depending on the circumstances of the case.

Related Legal Concepts

Understanding attempt often involves examining related criminal law concepts such as harassment and hate crime, which may also involve incomplete or ongoing criminal conduct. When attempt charges are brought, defendants may seek relief through habeas corpus if they believe their detention is unlawful. The classification of a habitual criminal can significantly impact sentencing for attempt convictions, as repeat offenders may face enhanced penalties even for incomplete crimes.

The Bottom Line

Attempt represents a fundamental principle in criminal law that holds individuals accountable for their criminal intentions and substantial steps toward committing crimes, even when those crimes remain incomplete. This legal concept serves to prevent and punish dangerous conduct before it results in actual harm to victims or society. For guidance specific to your situation, always consult a qualified, licensed attorney.