In Denver and Arapahoe County, any person can become the defendant in a criminal case even though they did not complete any crime. Imagine the guy who was getting ready to break into a house, but never got inside. Think about the woman who put some expensive perfume in her purse, but never left the store. Or, the teen ager who set up a camera in the girl’s bathroom, but it’s battery died and he never recorded anything. Each of these people could still be charged with a crime. The first? Criminal Attempt to Commit a Crime of Robbery. The second could be charged with Criminal Attempt to Commit Theft, and the teenager could be charged with Criminal Attempt Invasion of Privacy for Sexual Gratification. Read more about Criminal Attempt to Commit a Crime.
Attorney for Criminal Attempt Charges in Jefferson and Douglas County
Colorado lawmakers have decided to criminalize the attempt to commit a crime, similar to completed crimes. Located at C.R.S. 18-2-101, the law provides that “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.” When accused of Criminal Attempt, you need the best criminal defense lawyer at your side to defend you.
Criminal Attempt Adams County Lawyer: What is a Substantial Step?
For cases involving the attempt to commit a crime, Prosecutors will always argue the defendant took a substantial step toward committing the charged crime, whether it be Robbery, Theft or Invasion of Privacy for Sexual Gratification. Substantial step is defined as including 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.” While this may seem a bit vague, district attorneys will locate any possible crime and then offer the accused person’s presence and conduct as evidence they were trying to commit that crime. In other words, they work backwards from a crime which might fit. You can make it much easier on the government by talking to police. Consider the man above who is charged with Criminal Attempt to Commit Robbery. He is found by police in the fenced back yard of the alleged victim. Police will try and question him and get him to admit he was going to break into the house. If he remains silent, his criminal defense attorney can argue at trial that the man was merely Trespassing – a much less serious crime. Always remain silent when contacted by police. They are not talking to you to be friendly. They want evidence / admissions to use against you.
Criminal Attempt is Punished Different – A Criminal Defense Lawyer Explains
Fortunately, Criminal Attempt cases in Adams County and Brighton, Colorado, are not charged the same as a completed offense. Instead, they are charged one class less, as follows:
Felony Crimes:
- Criminal Attempt to commit a class 1 felony is charged as a class 2 felony
- Criminal Attempt to commit a class 2 felony is charged as a class 3 felony
- Criminal Attempt to commit a class 3 felony is charged as a class 4 felony
- Criminal Attempt to commit a class 4 felony is charged as a class 5 felony
- Criminal Attempt to commit a class 5 felony is charged as a class 6 felony
- Criminal Attempt to commit a class 6 felony is charged as a class 6 felony (not a misdemeanor)
Misdemeanor Crimes:
- Criminal Attempt to commit a class 1 misdemeanor is charged as a class 2 misdemeanor
- Criminal Attempt to commit a class 2 misdemeanor is charged as a class 3 misdemeanor
- Criminal Attempt to commit a class 3 misdemeanor is charged as a class 3 misdemeanor
Petty Offenses and Crimes:
- Criminal Attempt to commit a petty offense is not modified
If a friend or family member has been accused, charged with or arrested for Criminal Attempt or Attempt to Commit a Crime in Colorado, be smart, exercise your right to remain silent, and contact the best Denver criminal defense attorneys at the O’Malley Law Office at 303-731-0719. Together, we can protect your future.
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