"New Jersey Criminal Attempt: N.J.S.A. 2C:5-1"
We represent clients charged with N.J.S.A. 2C:5-1; New Jersey criminal attempt complaints and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
To be guilty of criminal attempt the person must be attempting to commit a crime.
An attempt is a crime of the same grade and degree as the crime which is attempted, except an attempt to commit a crime of the first degree is a crime of the second degree.
However, an attempt to commit murder - a first degree crime - is also a crime of the first degree.
The state must prove three material elements in a prosecution for an attempt.
First, the state must prove that the defendant's conduct was "purposeful;" that he had a purpose to commit a crime.
Second, it must be proved that the defendant acted with the same culpability required to support a charge of the completed crime.
Third, defendant's conduct constituted a "substantial step" in the course of conduct planned to culminate in the commission of the offense.
Hence, mere "preparation" is not sufficient to constitute the offense.
Intoxication may be a complete defense to the charge of attempt.
Renunciation of criminal purpose is an affirmative defense - defendant must prove in court by preponderance of the evidence - to a charge of attempt.
However, the renunciation must be complete and voluntary.
A conviction for an attempt merges with a conviction for the offense committed.
Did You Know
A person cannot be convicted of attempting to commit a disorderly persons or petty disorderly persons offense.
If you have any question for a NJ criminal defense lawyer on a New Jersey Criminal Attempt charge, please do not hesitate to contact us.