Criminal Attempt in Georgia

In Georgia, a criminal attempt is defined as taking a “substantial step” toward committing a crime. It means an individual has taken actions or engaged in conduct that demonstrates a clear intent to commit a specific offense but has not successfully completed that offense.

What Does It Mean to Take a Substantial Step Towards a Crime in Georgia?

Taking a “substantial step” is more than just planning or preparing to commit a crime. It’s an overt act that, under the circumstances, logically affirms the culprit’s intent to commit the crime. The act itself should be a direct movement towards the commission of the offense, going beyond mere preparation.

Imagine an individual named Alex who intends to rob a bank. If Alex merely discusses the idea with friends or looks up bank layouts on the internet, this could be seen as mere preparation.

However, let’s say Alex then proceeds to buy a mask, a gun, writes a note demanding money, and is caught in the bank’s parking lot with all these items in his possession, ready to execute the robbery.

In this scenario, Alex has taken a “substantial step” towards the commission of the crime. The act of gathering the necessary tools and physically approaching the bank goes beyond mere preparation, clearly demonstrating his intent to commit the robbery. This would likely be sufficient for a criminal attempt charge in many jurisdictions, including Georgia.

Is Attempt the Same Criminal Act as Conspiracy in Georgia?

No, attempt and conspiracy are distinct charges in Georgia. “Attempt” involves taking a substantial step towards the actual commission of a crime. However, “conspiracy” is an agreement or plan between two or more individuals to commit a crime, regardless of whether any steps are taken toward its commission.

Example

Imagine two friends, Alice and Bob. Alice tells Bob she wants to rob a local bank and has even procured a mask and a fake gun. The very next day, without discussing further details with Bob or anyone else, Alice proceeds to the bank’s parking lot but gets cold feet and abandons the plan. In this case, Alice can be charged with an attempt to rob the bank because she took a substantial step towards committing the crime.

Now, consider a different scenario. Alice and Bob discuss the details of the bank robbery. They draw up a plan, decide on roles, and set a date for the heist. However, before taking any concrete action, both are apprehended by the police based on an informant’s tip. In this situation, neither actually attempted the robbery. However, they can be charged with conspiracy because they had an agreement and plan in place to commit the crime.

This illustrates the core difference between attempt and conspiracy in Georgia. An attempt requires a substantial step towards committing a crime, while conspiracy revolves around the planning and agreement to commit a crime.

Can I Be Convicted of Both Attempting a Crime and the Completed Crime?

In Georgia, an individual cannot be convicted of both attempting a crime and the successful completion of that same crime. If the crime is fully carried out, then only the charge for the completed crime would typically be applicable.

The rationale behind this is rooted in the legal principles of double jeopardy and the very nature of the term “attempt.”

Double Jeopardy

The Fifth Amendment to the U.S. Constitution protects individuals from being tried twice for the same offense in the same jurisdiction. While state laws can vary, the general principle followed by many states, including Georgia, is that a person shouldn’t be punished multiple times for a singular criminal act or intent. Charging someone with both an attempt and the completed act would essentially be punishing them twice for the same intent.

Nature of Attempt

The term “attempt” in criminal law inherently implies incompletion. If an individual has successfully completed a crime, then the “attempt” no longer exists in a legal sense because the act has progressed beyond mere attempts. The criminal act is considered consummated, so the charge for the “attempt” becomes redundant.

By not allowing convictions for both attempt and completion, the legal system ensures that punishments are meted out fairly and in proportion to the actual crimes committed.

What Is the Penalty for Criminal Attempt to Commit a Felony in Georgia Where the Punishment Is Life in Prison?

For crimes where the punishment for the completed offense is life imprisonment, the attempt to commit such a felony can result in a prison term of one to 30 years.

What Legal Remedies Are Available for Georgia Criminal Attempts?

If you’re accused of a criminal attempt in Georgia, it’s essential to understand your rights and legal options. These might include challenging the sufficiency of the evidence, arguing no substantial step was taken, or asserting a legal defense, as we will cover below.

What Is the Punishment for an Attempt Conviction for Any Other Crime in Georgia?

If convicted for attempting a crime that does not have life imprisonment as its penalty, the punishment is typically half the maximum penalty for the completed crime.

What Defenses Do I Have if I am Accused of Criminal Attempt in Georgia?

Several defenses may be available, depending on the circumstances. These can include lack of intent, abandonment (if an individual voluntarily and completely renounces the criminal purpose), or impossibility (arguing that it was impossible to complete the intended crime). The specifics of each defense can vary and may depend on the unique facts of the case.

Lack of Intent

Intent is a cornerstone in proving an attempt in criminal law. The defendant must possess a clear intention to commit a specific crime. If there is a lack of this requisite intent, then the core element of an attempt charge may be missing. For instance, purchasing a ski mask due to cold weather, even when standing near a bank, doesn’t automatically signify intent to rob the bank. Without intent, there’s no criminal attempt.

Abandonment

Abandonment as a defense arises when someone, after initiating a crime, voluntarily decides to completely withdraw and desist from pursuing the criminal act.

A classic example is an individual who, while planning a burglary, breaks a window to enter a premises but later has a change of heart and decides to abandon the mission. The defense hinges on genuine abandonment of intent, such as walking away on one’s own volition, not because of external deterrents like noticing a police patrol nearby.

Impossibility

Impossibility as a defense is bifurcated into legal and factual impossibility. Legal impossibility occurs when an individual commits an act under the belief it’s illegal. However, in reality, the act is lawful.

Consider someone secretly fishing in a pond, thinking it’s against the law, but the act is perfectly legal. On the other hand, factual impossibility arises when circumstances outside an individual’s control make the completion of a crime impossible.

A classic example is attempting to rob an assumedly loaded safe only to find it empty. Though the intent was there, external facts made the crime’s completion impossible. However, it’s worth noting that in many jurisdictions, including Georgia, factual impossibility is often not recognized as a valid defense against an attempt charge.

Do I Need an Attorney?

If you’re facing charges for a criminal attempt in Georgia, it’s crucial to consult with an attorney. A skilled Georgia criminal lawyer can evaluate the evidence against you, advise on potential defenses, and represent your interests in court. Seek guidance from a professional through LegalMatch.