Defending Against Criminal Attempt Charges in Pennsylvania

In Pennsylvania, criminal attempt is a crime that occurs when a person takes a substantial step towards committing a crime, but does not actually complete the crime. This means that a person can be charged with criminal attempt even if they do not actually commit the underlying crime. In this blog post, we will explore what criminal attempt is in Pennsylvania, and provide examples of what does and does not constitute criminal attempt.

Under Pennsylvania law, criminal attempt is defined as taking a substantial step towards committing a crime, with the intent to commit the crime. This can include actions such as purchasing materials to create a bomb, staking out a location to commit a burglary, or attempting to access a computer system to commit cybercrime.

However, not all actions that might appear to be criminal attempt actually meet the legal definition of the crime. For example, simply talking about committing a crime is not criminal attempt. Similarly, preparing to commit a crime without taking a substantial step towards the actual commission of the crime is not criminal attempt.

Examples of actions that do not constitute criminal attempt might include talking about robbing a bank but never actually taking any action towards carrying out the robbery, or researching the ingredients needed to make a bomb without ever actually purchasing the materials or taking any steps towards building the bomb.

It is important to note that the determination of whether an action constitutes criminal attempt is highly fact-specific, and depends on the individual circumstances of each case. The prosecution must prove beyond a reasonable doubt that the defendant took a substantial step towards committing the crime, and that they had the intent to commit the crime.

In conclusion, criminal attempt is a serious crime in Pennsylvania that occurs when a person takes a substantial step towards committing a crime, with the intent to commit the crime. While not all actions that might appear to be criminal attempt actually meet the legal definition of the crime, it is important for defendants to understand what constitutes criminal attempt and to work with an experienced criminal defense attorney to protect their rights. If you have been charged with criminal attempt in Pennsylvania, it is important to seek legal counsel as soon as possible to protect your rights and build a strong defense.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.