Legal Definitions - attempt

In legal terms, an attempt refers to the act of trying to commit a crime, even if the crime is not successfully completed. For a person to be charged with an attempt, they must have intended to commit the underlying crime and taken a significant, overt step towards its completion. This means moving beyond simply thinking about the crime or making preliminary preparations; there must be an action that clearly demonstrates the intent to commit the offense.

The specific actions required to prove an attempt can vary depending on the jurisdiction, but the core principle remains: an effort was made to commit a crime, but it fell short of full completion.

• Example 1: Attempted Burglary

  A person uses a crowbar to pry open the back door of a house, intending to steal electronics. Before they can enter, a neighbor sees them and calls the police, causing the person to flee without taking anything from inside the house.

  This illustrates an attempted burglary because the individual had the clear intent to commit burglary (to enter a dwelling to steal) and took a significant, overt step towards that goal (prying open the door). Even though the crime of burglary was not completed because they did not enter or steal anything, their actions and intent are sufficient for an attempt charge.

• Example 2: Attempted Assault

  During a heated argument, an individual throws a punch at another person's face, intending to hit them. However, the intended victim quickly ducks, and the punch misses entirely.

  This demonstrates an attempted assault. The individual had the specific intent to cause physical harm (to hit the person) and took a direct action (throwing a punch) to achieve that goal. Despite the punch missing and no physical contact being made, the significant step towards causing harm, coupled with the intent, constitutes an attempt.

• Example 3: Attempted Insurance Fraud

  A business owner intentionally sets fire to their own property, hoping to collect a large insurance payout for damages. However, the fire department quickly extinguishes the blaze, and an investigation reveals the fire was deliberately set, preventing any insurance money from being paid out.

  This is an example of attempted insurance fraud. The business owner had the specific intent to defraud the insurance company for financial gain and took a substantial step by setting the fire. Even though they did not succeed in receiving the insurance payout, their deliberate actions taken to initiate the fraudulent scheme are sufficient for an attempt charge.