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CRIMINAL ATTEMPT

Under Colorado law, a person can be held criminally liable for an act they did not complete, but attempted.

Depending upon the circumstances of the case, a person can be charged with criminal attempt if he engages in conduct which is a substantial step toward the commission of the completed offense. A substantial step is considered to be conduct which strongly corroborates the firmness of the individual’s purpose to complete the commission of the offense. Oftentimes, factual or legal impossibility of committing the offense is not a defense.

However, it can be an affirmative defense to a charge of criminal attempt if the individual abandons his effort to commit the crime or otherwise prevents its commission.

Criminal attempt to commit a class 1 felony constitutes a class 2 felony; criminal attempt to commit a class 2 felony constitutes a class 3 felony; criminal attempt to commit a class 3 felony constitutes a class 4 felony; criminal attempt to commit a class 4 felony constitutes a class 5 felony; criminal attempt to commit a class 5 or 6 felony constitutes a class 6 felony. Criminal attempt to commit a class 1 misdemeanor constitutes a class 2 misdemeanor. Criminal attempt to commit a misdemeanor other than a class 1 misdemeanor constitutes a class 3 misdemeanor. Criminal attempt to commit a petty offense is a crime of the same class as the offense itself.

If you have been charged with criminal attempt, you need an experienced and accomplished Denver defense lawyer to represent you. Contact a trial tested, result oriented Colorado criminal attorney at Newell & Decker today to discuss your case.