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Attempt

Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1001, "Attempt" occurs when a person acts with the kind of culpability otherwise required for the commission of a crime, and they intentionally engage in conduct which would constitute the crime; or they intentionally engage in a step or course of conduct planned to culminate the commission of a crime; or they engage in conduct intended to aide another in commission of a crime, although the offense is not committed or attempted by the other person. It is not a defense to the crime of "Attempt" to argue that it was impossible for the person to aid another in the commission of the offense if they could have accomplished it had the circumstances been what they believed them to be. In other words, if you think that you have marijuana that you are providing to somebody to sell, but it turns out that it is not marijuana (i.e., it is oregano), then you are still guilty of Attempting to Sell Drugs.

Possible Punishment

If the attempted underlying offense is a class one (1) felony (i.e., Murder), then the "Attempt" can be charged as a class two (2) felony. For a first offense class two (2) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is ten and one half (10.5) years to thirty-five (35) years of incarceration.

If the attempted underlying offense is a class two (2) felony, then the "Attempt" can be charged as a class three (3) felony. For a first offense class three (3) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison range of two (2) years to eight and three quarters (8.75) years in prison. If the person has one (1) allegeable historical prior conviction then the "prison only" range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is seven and one half (7.5) years to twenty-five (25) years of incarceration.

If the attempted underlying offense is a class three (3) felony, then the "Attempt" can be charged as a class four (4) felony. For a first offense class four (4) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is six (6) years to fifteen (15) years of incarceration.

If the attempted underlying offense is a class four (4) felony, then the "Attempt" can be charged as a class five (5) felony. For a first offense class five (5) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months to two and one half (2.5) years in custody. If the person has one (1) allegeable historical felony prior conviction, then the "prison only" range is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) allegeable historical felony prior convictions then the "prison only" range can is three (3) years to seven and one half (7.5) years of incarceration.

If the attempted underlying offense is a class five (5) felony, then the "Attempt" can be charged as a class six (6) felony. For a first offense a class six (6) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of four (4) months to two (2) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.

If the attempted underlying offense is a class six (6) felony, then the "Attempt" can be charged as a class one (1) misdemeanor. The range of punishment for a class one (1) misdemeanor is probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2500.00 plus an 80% surcharge.

If the attempted underlying offense is a class one (1) misdemeanor, then the "Attempt" can be charged as a class two (2) misdemeanor. A class two (2) misdemeanor carries a range of punishment of probation and up to four (4) months in jail. Additionally, a fine of $750.00 plus 80% surcharges can be imposed.

If the attempted underlying offense is a class two (2) misdemeanor, then the "Attempt" can be charged as a class three (3) misdemeanor. A class three (3) misdemeanor carries a range of punishment of probation with up to thirty (30) days in jail. In addition, a fine of up to $500.00 plus an 80% surcharge can be imposed.

Possible Defenses

The main defenses to the crime of Attempt are the same defenses that would be utilized for the underlying crime itself. For your particular situation, you should find the underlying crime that you have been charged with (listed in this website) and "click" onto that section and review the "Possible Defenses" portion. Obviously, if you have a defense to the underlying crime, then you have a defense to the "Attempt" of the underlying crime.

The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.

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