Mark A. Bailey Attorney at Law

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What Is An Attempted Crime Vs. A Committed Crime?

You would think that the difference between an attempted crime and a committed one is obvious. Actually, there are many times when the gathered evidence can make the charge debatable.

As an experienced criminal defense litigator, I know that a winning defense strategy is in the details. I am Mark Bailey, lawyer and founder of The Bailey Firm in Middlesex and New Brunswick. I have a reputation for both a well-prepared defense and aggressive representation in court. What is an attempted crime vs. a committed crime? Here are the differences between an attempted crime and a committed one.

Attempted Crime

A valid attempted crime charge needs these two points of evidence:

  • Evidence of intent to commit a crime
  • Evidence that actions building up to the offense were carried out

If it is proven that you just wanted to frighten and not hurt someone with your actions, you may not get charged with attempted assault.

Committed Crime

A truly committed crime needs the following elements:

  • Evidence of intent to commit a crime
  • Evidence of planning for the offense
  • Evidence that direct actions were taken to commit the crime

Penalty Differences

Because the charges have such different penalty levels in New Jersey, it makes sense to scrutinize the facts of your situation. If the prosecution cannot prove that there was a direct action taken toward committing a crime, a conviction will be difficult to prove.

Start Your Defense Today

When you face a criminal charge, your whole future is at stake. I can provide a personalized defense to give you the best chance at a positive outcome for your situation. Give my law practice, The Bailey Firm, a call at 973-854-9478 or contact me with this online form to schedule a free attorney consultation about your legal situation.