California Penal Code Sections 664 and 21(a) underscore the gravity of attempted crimes. In essence, attempting to commit a crime is not only a violation but also a distinct offense that can be prosecuted independently, emphasizing the serious legal implications.
Consider this: if you attempt to commit a crime but fail to execute it, you could still be charged with the 'attempt' of that specific crime. This underscores the severity of attempted crimes and their potential legal implications.
California's laws on attempted crimes are not just theoretical. They are actively enforced, and prosecutions for such offenses are regular occurrences in Los Angeles County Criminal Courts, highlighting the real-world impact of these laws.
An attempted crime is generally described as any act of attempting to commit a crime. These types of cases are typically prosecuted in a situation where it can be proven you had a specific intent to commit a certain crime and took a direct step to commit it.
This means it's possible to be convicted for the “attempt,” even in a situation where you changed your mind at any point before completing the crime.
Penal Code 21(a) criminalizes all attempted crimes but does not cover attempted murder, which is defined under Penal Code 664 and 187.
Let's review some common examples, which include attempted robbery, burglary, or rape. Let's take a situation where you have the intent to commit a burglary of a home. You make an attempt to enter through the front door, but a neighbor observes your actions and shouts out, and you run away from the scene.
In this scenario, you could face charges of Penal Code 664/459 attempted burglary because you were trying to open the front door with the intent to burglarize the house, and your act was considered a substantial and direct step towards the completion of the burglary.
This same theory also applies to other attempted crimes, such as rape, when a victim is successful in escaping before sexual intercourse occurs.
A substantial step towards the commission of the crime means you did more than just prepare. Legal penalties for an attempted crime depend on the nature of the attempted crime but are typically punished by one-half the sentence of the completed crime.
To give readers more useful information about attempted crimes, our criminal defense lawyers are providing an outline below.
Definition of a California Attempted Crime
California Penal Code 21(a) defines an attempt. It includes two elements of the crime listed under CALCRIM 460 Jury Instructions, meaning the prosecutor must prove these factors to obtain a conviction:
- You had a specific intent to commit a crime, and
- You took a direct but ineffective step toward committing it
You can't be guilty of an attempted crime unless it can be proven you had specific intent to commit the underlying offense.
What is a Direct Step?
A 'direct step,' also known as an act in furtherance, is an overt act that is more than just preparation to commit a crime. It's a clear demonstration of intent to commit the crime, such as a direct action towards its execution.
It's conduct that shows you are putting the plan into action, conduct that clearly demonstrates an intent to commit the crime, such as some type of direct action towards committing the crime.
Again, making plans or engaging in a discussion to commit a crime is not a direct step; it has to be conduct that is close to completing the crime—in other words, a significant step in completing the crime.
A direct step has to show a definite intent to commit the crime and an immediate step that puts the plan to commit the crime in motion.
Common California Attempt Crimes
- Penal Code 664/187 – Attempted Murder
- Penal Code 664/459 – Attempted Burglary
- Penal Code 664/211 – Attempted Robbery
- Penal Code 664/261 – Attempted Rape
- Penal Code 664/484 – Attempted Theft
- Penal Code 664/207 – Attempted Kidnapping
- Penal Code 664/455 – Attempted Arson
- Vehicle Code 664/10851 – Attempted Vehicle Theft
Penalties for California Crimes
California Penal Code 664 PC describes legal penalties for an attempted crime, and they will always depend on the underlying crime. In other words, the type of crime you were attempting to commit. An attempted crime can be either a misdemeanor or felony offense, depending on what crime you were attempting to commit. In most cases, an attempted crime will carry the following penalties:
- One-half of the county jail or California state prison sentence for the underlying crime and
- One-half the fines for the underlying crime
For instance, if convicted of attempting to commit a felony crime, you could be sentenced to 2 years in jail and a $2,500 fine. The maximum sentence is up to 4 years in a California state prison, and the fine is $5,000.
If the attempted crime carries a life in prison or the death penalty, you are facing up to a 9-year sentence. If convicted of premeditated attempted murder of police or firefighter, you are facing a life sentence in prison with the possibility of parole after 15 years.
Fighting Attempted Crime Charges in California
Suppose you are accused of an attempted crime under California Penal Code 21(a). In that case, our Los Angeles criminal defense attorneys can use a wide range of strategies to obtain the best possible outcome.
Every case is unique and will need to be closely examined in order to determine an appropriate defense. However, some of the most common defenses against allegations of an attempted crime include:
Lack of intent to commit the crime defense
Recall the elements of the crime above that it must be proven you had a specific intent to commit the crime. This crucial element can often be difficult to prove because it requires evidence of your intent beyond any reasonable doubt. We might be able to make a reasonable argument that casts doubt on specific intent, or there is insufficient evidence to prove it. If successful, you could have a good chance of avoiding a conviction.
Lack of a direct step to commit the crime defense
Again, recall the “direct step” discussed above, where the prosecutor has the burden of proof to show you committed an act of furtherance of the attempted crime. Planning to commit a crime is not sufficient for a conviction. In fact, even preparing is not enough.
You can't be guilty of an attempted crime unless you took a direct step to commit it. It has to be an actual overt act or a substantial step to complete the crime. We might be able to argue that there was no direct step to complete the crime or that the attempted crime was abandoned.
If you are accused of any type of attempted crime, call our Los Angeles criminal defense lawyers to review the case and options.
Cron, Israels & Stark is a criminal defense law firm with a team of highly experienced lawyers and a record of success. We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401.
