Law Offices of
David M. Garvin, P.A.
200 South Biscayne Blvd.
Miami, Florida 33131
Tel.: (305) 371-8101
WHITE COLLAR CRIME LAWYER
Attempt and Conspiracy
Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
Criminal attempt is trying to commit a crime and failing. This is often seen as the most serious inchoate crime because the person may have came close to completing the crime. For example, a person that shoots to kill another but misses may be charged with attempted murder. If his aim was better and he succeeded, the charge would be murder.
Criminal attempt has three main elements:
Actions to commit the crime
Failure to commit the crime
A criminal attempt charge requires a person to have had specific intent to commit the actual crime. If the crime almost happened by accident, it's not attempt. For example, a hunter who almost shoots another person must have intended to kill for it to be attempted murder.
Actions close and connected to the crime are also required. It can't be just acts that prepare for the crime. For example, if you buy a gun, thinking about a bank robbery in a few months, your acts are probably too far removed from the actual crime to amount to attempted robbery. However, if you drove to a bank to rob it and you're arrested before leaving the car, you've gone far enough to commit attempted robbery.
Failing to commit the crime is the last element. Once the crime is done, you're charged with the actual crime, and not attempt.
Criminal conspiracy is when two or more people agree to commit a crime. This crime is used to charge multiple people planning or doing illegal activities. Conspiracy is different because you can be charged with the actual crime and the conspiracy to commit it. For example, if you plan with others to kill someone, you can be charged with murder and conspiracy to commit murder.
Criminal conspiracy main elements are:
Two or more people
Agreement to commit a crime
An overt or open act to carry out the plan
You can't be charge with conspiracy unless someone else agrees to commit the crime. In many states, proof of the agreement is enough to charge everyone involved. Some states require an overt act towards carrying out the plan, such as buying needed materials.
Criminal solicitation is when one person commands, encourages or asks another to commit a crime. A common example is prostitution. The crime is complete when one person asks another to commit an illegal act.
Solicitation main elements are:
Intent to have someone else commit a crime
An act to induce the other person
In order to charge someone with solicitation, the person must have the specific intent to try to induce another person to commit a crime. He must also commit some act to induce the other person, such as using certain key words or phrases specific to the crime. A person can't be charged with the actual crime solicited and criminal solicitation.
Attempt and conspiracy lawyer David M. Garvin is ready to help if you are charged with alleged attempt and conspiracy charges.
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