Criminal attempt is of the same grade and degree as the most serious offense which is attempted. Thus attempting to commit a Class B felony constitutes a Class B felony. Exception: Attempting to commit a Class A felony, is a Class B felony).
A person is guilty of attempting to commit a crime in the state of Connecticut if:
- The person acts with the kind of mental state required for commission of the crime;
- Intentionally engages in conduct which constitutes the crime if all the circumstances existed as they believed them to be; or
- Intentionally does or omits to do anything which, under the circumstances, is an act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of a crime.
What is a Substantial Step?
- Conduct will not constitute a substantial step unless the conduct is strongly corroborative of the actor’s criminal purpose.
- The following, if strongly corroborative of the actor’s criminal purpose, shall not constitute insufficient as a matter of law:
- Lying in wait, searching for or following the contemplated victim.
- Enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for the commission of the act.
- Reconnoitering a place contemplated for the commission of the crime.
- Unlawful entry into a structure, vehicle or enclosure contemplated for a crime to occur.
- Possession of materials to get employed in the commission of the crime, that can serve no lawful purpose.
- Possession, collection or fabrication of materials for employment in the commission of the crime, at or near the place contemplated for its commission, where such possession, collections or fabrication serves no lawful purpose.
- Soliciting an innocent agent to engage in conduct constituting an element of the crime.
Legal Defense to Criminal Attempt
- Yes there is a defense called abandonment.
- Abandonment occurs when a person abandons their efforts to commit the crime or otherwise prevents the commission of the crime;
- Also, this abandonment or prevent occurred under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.
- Important topics in attempt:
- The state must prove both an intent to commit a specific crime and an overt act adapted and intended to effectuate that intent. 47 Conn. App. 205.
If you or a loved one gets charged with criminal attempt, you need the best possible defense to your case. Instead of worrying about the ins and outs of the law, it is in your best interest to hire a criminal defense lawyer. A criminal defense lawyer will know the laws and the best defense for you due to their experience with similar cases.