Attempt To Commit A Crime
Criminal Attempt To Commit A Crime, C.R.S. 18-2-101
Criminal attempt, C.R.S. 18-2-101, in Denver, Arapahoe and Adams County occurs when someone “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.” By definition, the defined crime itself does not occur, but someone tries to commit it or accomplishes only a part of the crime.
Often, police will find it essential to interview a person accused of criminal attempt, because the person’s conduct can be interpreted in both a lawful and an unlawful manner. Police will try and get a person to admit an unlawful angle to their conduct and “intent” elements supporting a recognized crime like sexual assault. Never speak with police or believe their statements that they “just need to ask you a few questions.” We can generally offer a jury a believable and legal purpose for a person’s conduct. Once a person speaks with police, however, it becomes a more difficult task.
The Classes Of Crime Criminal Attempt Supports
Criminal attempt can apply to almost any crime in Broomfield, Jefferson or Douglas County. Felonies in Colorado range from class 6 on the low end to class 1 on the high end. A person charged with Criminal Attempt for a class 1 felony will be charged with a class 2. If accused of an Attempt of a class 2 felony, it will be charged as a class 3. An Attempt at a class 3 is a class 4. An Attempt to do a class 4 felony is a class 5 felony. And finally, attempting to complete a class 5 felony will be charged by the District Attorney as a class 6 (the least serious Colorado felony). A class 1 misdemeanor Attempt is treated as a class 2, yet an attempt at a class 2 or 3 misdemeanor are both charged as class 3 misdemeanors.
The crime of criminal attempt has a lot to do with a person’s mindset and their intentions relative to a crime. Prosecutors will try and give a plea offer to an attempt charge when they know they can’t prove the crime itself. An experienced criminal defense lawyer can make government lawyers think twice about pursuing a weak case. On your own however, lawyers working for the government know that you will have a difficult time defending yourself. They will use scare tactics to convince a defendant that they need to plead to an attempt crime. Don’t fall for their effort to achieve another conviction. You need to speak with one of our criminal defense lawyers who will protect you and only look to a plea when winning is not possible. Only then, our lawyers will explore the best plea agreement for your freedom, family, employment and housing – all are at risk.
Elements and defenses which apply to criminal attempt are complicated. Don’t go it alone and suffer for years under an unnecessary plea agreement. If you or someone you care about has been charged with criminal attempt to commit any crime, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.