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Expertise

Attempt

In New York State, the criminal code includes a section specifically for the attempt of a crime. An attempt is defined in the section of law as when a person engages in conduct that tends to affect the commission of a crime while acting with intent to commit a crime. With the wording of the statute being the way it is, the statute can apply to any other section of the penal code if a person acts in the way described above. There are seven sections that apply across a broad range of crimes and two that apply to numerated crimes when it comes to the level of punishment that a person would be charged with. If you have been charged with an attempted offense, call our team of New York criminal attorneys now to discuss your case. We offer a free consultation so call the number above now.

Before discussing what each level of the offense would be charged as, it is important to note that it is not a defense to attempt charges that the crime being attempted would have been legally or factually impossible to have been completed. In other words, if Person A decides to attempt to rob Store A, but Store A has closed down and the space they occupied is empty, Person A can still be charged with attempted robbery because they believed Store A was still in business and operating.

For most offenses, an attempt of that offense is charged one level lower than what the full commission of that crime would have been. This means that at the highest level, a class A-I felony offense is charged as a class B felony for an attempt. Class B felonies are class C attempts, class C charged as class D and class D as class E felonies. If the offense would have been an E felony, the attempt charge is knocked down to a class A misdemeanor and if the attempted offense is any misdemeanor, either class A or B, the attempt is charged as a class B misdemeanor.

There are multiple specific crimes that are named to have a different punishment than if they were grouped into their normal level of offense category as above. This includes attempted bribery in the third degree which is a class D felony, attempted bribery in the second as class C and attempted bribery in the first which is a class B felony. Other specified offenses include: criminal possession of a controlled substance in the first degree, murder in the first degree, criminal possession of a chemical or biological weapon in the first degree, aggravated murder, criminal use of a biological or chemical weapon in the first degree, or criminal sale of a controlled substance in the first degree. These offenses would all still be charged as a class A-I felony regardless of if it were an attempt or the full completion of the crime.

Attempted offenses are just as serious as if the offense had been completed and should not be taken lightly. If you have been charged with any level of offense as an attempt, call now to speak to one of our experienced New York criminal attorneys.

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