Attempting a crime in Broward County can mean more trouble than you think. Depending on the crime, you may be held to a higher standard than anticipated. Criminal attorneys in Broward have the tough job of explaining to their clients that the failure to successfully pull of a crime is in no way a mitigating factor. A voluntarily abandonment, however, is.
According to criminal attorneys, “attempted crimes” are by definition incomplete crimes. However, the intent to commit the crime as well as steps toward committing the crime have to be proved for a conviction when a person is accused of an attempted crime.
An attempted crime is considered an inchoate crime since it has not succeeded and therefore, there is no proof of a murder, kidnapping, or burglary having taken place. This very lack of clarity makes it more difficult for the prosecution to prove an attempted crime and for the defense to establish reasonable doubt.
Intent
The first part of the prosecution’s case when trying to prove an attempted crime deals with the intent of the defendant. Whether the crime is an attempted burglary, attempted kidnapping, or attempted murder, the prosecution has to prove intent. For instance, a bullet flying close to a person during a hunt is not an attempt at murder unless the prosecution can prove that the defendant intended to kill the other person. Criminal attorneys in Broward County Florida have numerous tactics available to them in dealing with this very situation. It depends on the facts of the case and temperament of the assigned prosecutor.
As such, the first line of defense against a charge of attempted crime is for the criminal lawyer or attorney trying to prove that the defendant was not guilty of the intent to commit the crime. For instance, a defense lawyer might try to prove that the defendant was on the premises involuntarily or because of a misunderstanding and not with the intention to commit a burglary.
Action
Apart from proving intent, the prosecution also has to prove that the defendant took action that was reasonably close to completing the crime. For instance, proving intention to rob a bank and making plans is not sufficient action. However, if the defendant drove to the bank and was arrested as they were entering the premises, then the prosecution can claim that the attempt took place. Similarly, just purchasing tools to break into a home or casing the home is not considered sufficient action to prove an attempt. However, if the person was found within the grounds surrounding the home, then the prosecution can claim a case of attempted burglary.
As the definition of attempt to commit a crime is not clearly defined, a criminal lawyer can often prove that the defendant did not take sufficient action for it be classified as an attempted crime.
Incomplete
The definition of an attempted crime necessarily involves its incompleteness. This means that the prosecution has to prove that the attempt was made but the defendant did not succeed in carrying out their intentions in full. For instance, a case of attempted murder can be brought against the defendant only if the person aimed at either intentionally or accidentally was not killed. The victim can be injured or escape unscathed but should be still alive for a case of attempted murder to be made.
Penalties
Florida law deals quite severely with attempted crime with many criminals attaining lesser penalties. In some cases however, the attempted crime is considered more culpable and in contrast awarded a greater penalty. Attempted crime is typically charged when a single individual intends to commit a burglary, theft, fraud, murder, kidnapping, or similar crime. When a group of people plan to commit a crime, Florida law classifies it as a conspiracy.