Three Elements Of An Attempted Crime That The Prosecution May Need To Prove

Law Blog

Do you know that attempting to commit a crime is a crime in itself even if you don't go through with your acts? Here are some of the things the prosecution may need to prove to convict you:

You Had a Criminal Intention

Your intentions are the first things that determine whether you wanted to commit a crime or not. The intent to commit a crime involves weighing the pros and cons of committing a crime, thinking about your escape routes or how to defend yourself if you are caught. Criminal intentions are also some of the hardest things to prove because true intentions only exist in a person's thoughts.

Consider two people accused of attempted burglary after being found in their respective neighbor's compounds. The first person can escape the charges if they can prove that they accidentally wandered into the compound since it had no fence. If the second person climbed over a locked gate, however, they will find it more difficult to defend their intentions. Your intentions may also be gleaned from any thoughts you might have shared with your friends either online or in the real world.

You Prepared For the Crime

Apart from your intentions, you can also be charged with an attempted crime if you took active steps to prepare for it. People prepare for crimes in different ways depending on different issues such as the nature of the crime, but here are some common examples of acts that may be considered as crime preparations:

  • Buying weapons to use during the crime
  • Buying or making disguises to use during the crime
  • Canvassing the target
  • Discussing the plans with your potential collaborators

You Began To Commit a Crime

Lastly, it may also be necessary to prove that you took actual steps to commit the crime even if you didn't succeed. For example, you can be charged with attempted burglary if you climbed over a person's gate and broke into the house even if you didn't steal anything. In fact, it may not even matter what stopped you from preventing the crime. Maybe the alarm sounded and you got scared or you had a change of heart and decided to abandon your criminal intentions; what matters here is that you took active steps to commit the burglary.

Some actions can easily be considered as criminal intentions even if they are not. For example, you may be charged with attempted assault or robbery if you are found with an illegal gun outside your house even if you intended no such crimes. Whatever the reason the police have decided to charge you with such crimes, get a criminal defense lawyer to help you overcome the charges.

Contact a criminal law attorney for more information and assistance. 


23 August 2017

Dealing with Estate Planning When You're Single

Too many single people assume they don't need to plan their estate. My brother fell into this category, and his unexpected passing left our entire family struggling to deal with his home, belongings, and financial accounts. It took nearly three years for the courts to set up a deal because he left no paperwork detailing how he wanted his estate divided. The situation immediately convinced me to work on my own estate, even though I'm still in my early 30's and don't have children or a spouse to worry about. Since it's a little harder to pick beneficiaries and estate managers when you're single, I collected the resources I used for making my own decisions and decided to publish them here on my blog. Use these resources before talking to an estate planning attorney so you're prepared for making hard decisions.