Criminal Attempt

Punishment for Attempted Crimes in California

Anyone who attempts to commit a crime but doesn’t actually do it can still be charged. For example, if you attempted to kill somebody, but they did not actually die, you could be charged with attempted murder. If you intended to rob a bank, and you went in with guns, but at the last moment, you decided not to go through with it because there were too many guards, but you still got arrested, you could be charged with attempted bank robbery.

For an attempted crime charge to stick in court, the prosecutor has to prove two things;

  1. That you intended to commit the completed crime.
  2. That you took a direct step towards the completion of the crime.

Under California Penal Code 21, attempted crimes are punished by one-half of the sentence of a completed crime. For example, the sentence for robbery is up to five years in custody, so the sentence for attempted robbery would be up to two and a half years in custody. Residential burglary carries up to six years in custody, so an attempted residential burglary would carry up to three years in custody.

However, if you’re convicted of attempted murder in a situation where it’s deliberate and premeditated, the sentence is life in prison with the possibility of parole.

If you or a loved one is charged with an attempted, contact Mark Shayani of Pacific Attorney Group. He can provide a free consultation in office or by phone and is available to answer any question you may have.

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