Attempted Crimes in Texas

Attempted crimes in Texas often go overlooked, but they carry serious legal consequences. An “attempt” may seem less significant than a completed crime, yet Texas law takes these offenses seriously. Understanding what qualifies as attempted crime and the legal standards, penalties, and defenses available can provide insight for those facing charges or interested in Texas criminal law.

What is an Attempted Crime in Texas?

Attempted crimes fall under Texas Penal Code Chapter 15. An attempted crime refers to any substantial act toward committing an offense that falls short of completion. Texas law requires two main elements to constitute an attempt:

1. Intent – The individual must have a clear intention to commit a specific offense.
2. Action – The individual must have taken a significant step toward completing the crime, more than just preparing for it.

For instance, in a case where a person plans and takes steps to rob a bank but is apprehended before carrying out the robbery, they may face charges for attempted robbery.

Differentiating Attempted Crimes from Other Incomplete Crimes

Attempted crimes are distinct from conspiracies or solicitations. Each carries its own criteria:

• Conspiracy involves planning with others to commit a crime.
• Solicitation involves encouraging another to commit a crime.

Attempted crimes, however, require individual intent and action without necessarily involving others. This distinction can affect how defendants are charged and the potential penalties.

Examples of Attempted Crimes

Attempted crimes can vary widely based on the offense type. Here are a few examples:

1. Attempted Burglary – Breaking into a property with the intent to steal but failing to do so because of police intervention.
2. Attempted Assault – Trying to harm someone but failing due to interference or missed action.
3. Attempted Murder – Acting with the intention to kill, such as by pointing a loaded gun at someone, yet failing due to external circumstances.

Each of these cases might face different charges based on intent and actions, which Texas courts assess individually.

Penalties for Attempted Crimes in Texas

Under Texas law, the penalties for an attempted crime are generally one degree less severe than the completed offense. For example:

• If the intended offense is a second-degree felony, the attempted crime is charged as a third-degree felony.
• If the intended crime is a class A misdemeanor, the attempt is typically charged as a class B misdemeanor.

This reduction acknowledges the lack of completion but still imposes substantial penalties due to the serious intent demonstrated.

Defenses Against Attempted Crime Charges

Defendants charged with attempted crimes in Texas can consider several defenses:

1. Lack of Intent – If the defendant did not have a clear intention to commit the offense, the charge may be challenged.
2. Abandonment or Renunciation – Texas allows the “abandonment” defense if the person voluntarily and completely renounced the criminal intent.
3. Impossibility Defense – If the crime could not have been completed due to an unforeseeable impossibility (e.g., a weapon malfunction), the defense may argue this point.

These defenses must be supported by substantial evidence and can vary in effectiveness based on the individual case.

Attempted crimes in Texas carry real consequences and should not be taken lightly. Texas laws clearly outline the boundaries between intent, action, and the penalties for attempting a criminal act. By understanding these laws and potential defenses, individuals and their legal representatives can better navigate the legal landscape in cases of attempted crimes. If you or someone you know faces such charges, consulting with a knowledgeable defense attorney is essential.

Arrested? Don’t Plea, Call Me!

Attempted crime charges in Texas come with serious consequences. Don’t face them alone. The Texas Criminal Defense Group is here to provide expert legal guidance and build a strong defense for your case. Contact us today for a confidential consultation and take the first step toward protecting your future. Reach out now—your defense starts here.