Explanation Of Inchoate Crimes: Attempt, Conspiracy, And Solicitation

In criminal law, inchoate crimes refer to incomplete offenses—acts undertaken with the intent to commit a crime, even if the intended crime was not successfully carried out. Derived from the Latin word “inchoare,” meaning “to begin,” inchoate crimes focus on the defendant’s intent and actions rather than the outcome. These crimes, including attempt, conspiracy, and solicitation, are punishable under the law because they demonstrate a clear intention to commit illegal acts, posing a threat to public safety and order.

This article explores the elements of inchoate crimes, their legal implications, and common defenses.

What Are Inchoate Crimes?

Inchoate crimes are offenses that involve actions directed toward committing another crime, often referred to as the target offense. These crimes are considered punishable because they show criminal intent, even if the intended offense was never completed. The three main types of inchoate crimes are:

Attempt: Taking substantial steps toward committing a crime but failing to complete it.
Conspiracy: Agreeing with others to commit a crime, whether or not the crime is carried out.
Solicitation: Encouraging or requesting another person to commit a crime.

Elements of Inchoate Crimes

To secure a conviction for an inchoate crime, the prosecution must typically prove two critical elements:

Intent: The defendant must have had the specific intent to commit the target offense.
Action or Agreement: The defendant must have taken a substantial step toward committing the crime, entered into an agreement to commit the crime, or solicited another person to commit the crime.

Attempt to Commit a Crime

An attempt occurs when someone takes significant steps toward committing a crime but does not succeed in completing it. The key elements of an attempt are:

Intent to Commit a Crime: The individual must have a clear and specific intention to commit a particular crime.
Overt Act Toward Completion: The person must take substantial steps toward carrying out the crime, beyond mere preparation.

For example, if someone plans to rob a bank and is arrested while entering the bank with a weapon, they may be charged with attempted robbery. Mere preparation, such as buying a weapon, would not qualify as an attempt unless it is accompanied by direct action toward the crime.

Defenses to Attempt

Abandonment: If the defendant voluntarily abandoned their criminal plan before completing the act, they may argue abandonment as a defense.
Impossibility: If the intended crime was factually or legally impossible to complete, the defendant may argue impossibility (e.g., attempting to steal from an empty safe).

Conspiracy to Commit a Crime

A conspiracy involves an agreement between two or more people to commit a crime. The crime of conspiracy does not require the intended offense to be carried out; the agreement itself is sufficient to constitute a crime.

Elements of Conspiracy

Agreement: There must be a mutual understanding between parties to commit an unlawful act.
Intent: Each conspirator must intend to achieve the criminal objective.
Overt Act: In many jurisdictions, at least one conspirator must take an overt act in furtherance of the agreement (e.g., purchasing materials for the crime).

Example of Conspiracy

If two individuals agree to rob a bank and one of them purchases masks and weapons, both can be charged with conspiracy, even if the robbery never takes place.

Defenses to Conspiracy

Withdrawal: A conspirator may argue that they withdrew from the conspiracy by taking clear and affirmative steps to distance themselves from the plan.
Lack of Agreement: The defense may argue that there was no genuine agreement to commit the crime.

Solicitation to Commit a Crime

Solicitation occurs when one person encourages, requests, or commands another person to commit a crime, intending that the crime be carried out. The key distinction in solicitation is that the crime does not need to be completed or even attempted for the solicitor to be charged.

Example of Solicitation

If a person offers money to someone to commit a murder, they can be charged with solicitation even if the murder is never attempted.

Defenses to Solicitation

Renunciation: The defendant may claim they withdrew their solicitation and took steps to prevent the crime from occurring.
Lack of Intent: The defense may argue that the solicitation was not serious or intended as a joke.

Punishment for Inchoate Crimes

The penalties for inchoate crimes vary depending on the jurisdiction and the nature of the target offense. In many cases, inchoate crimes are punished less severely than the completed offense. For example:

An attempted crime may carry a sentence that is one step lower than the penalty for the completed crime.
Conspiracy charges often result in penalties similar to those of the target offense, particularly for serious crimes like drug trafficking or terrorism.
Solicitation penalties depend on the crime solicited, with more severe crimes resulting in harsher punishments.

The Importance of Legal Representation

Defending against inchoate crime charges requires a deep understanding of criminal intent and the specific facts of the case. Common defense strategies include challenging the prosecution’s evidence of intent, arguing lack of substantial steps, or raising procedural violations.

Contact The Baez Law Firm

At The Baez Law Firm, we specialize in defending clients against complex criminal charges, including inchoate crimes. Our experienced Orlando criminal defense attorneys understand the nuances of criminal law and work tirelessly to protect your rights and achieve the best possible outcome for your case.

If you or a loved one are facing charges for attempt, conspiracy, solicitation, or any other criminal offense, contact The Baez Law Firm today. Our dedicated team is here to provide the legal expertise and representation you need to navigate this challenging time. Let us protect your rights and fight for your future. Call us now for a consultation.

Source:

law.cornell.edu/wex/inchoate_offense