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  • As a criminal defense attorney, people ask me all the time

  • if I attempt to commit a crime, but don't actually complete it,

  • can I still be charged?

  • And the answer is yes.

  • Almost every crime in the penal code

  • can be charged as an attempt.

  • Or, as they sometimes say, even if you fail,

  • you still go to jail.

  • So, for example, if you attempted to kill somebody,

  • but they did not actually die, you

  • could be charged with attempted murder.

  • Or let's say that you intended to rob a bank,

  • and you went in with guns, and a demand note.

  • But it turned out that there were too many security guards,

  • and at the last moment you turned around and decided

  • not to go through with it, but you still got arrested,

  • you could be charged with attempted bank robbery.

  • Now, in order to make the case in court

  • for an attempted crime, the prosecutor

  • has to prove two things.

  • First of all, that you intended to commit the completed crime.

  • And secondly, that you took a direct step

  • towards its completion.

  • Which, in the example of our bank robbery,

  • would have been entering the bank

  • with guns and a demand note.

As a criminal defense attorney, people ask me all the time

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