New Jersey Criminal Attempt Laws: N.J.S.A. 2C:5-1
Under the New Jersey criminal code, a person may face criminal attempt charges when they act with the level of criminal intent required for the underlying crime and they:
- Purposely engage in conduct that would constitute the underlying crime,
- Do or fail to do anything with the intent to cause a result without further conduct on their part, when causing the result is an element of the crime, or
- Purposely do or fail to do anything which, under the circumstances, constitutes an act or omission representing a substantial step in a course of conduct intended to commit the underlying crime.
New Jersey’s criminal attempt statute provides an affirmative defense to a charge under the latter two means if a charged defendant proves that they abandoned their effort to commit the crime or acted to prevent its commission, constituting a complete and voluntary renunciation of a criminal purpose.
However, the law does not consider an abandonment of a criminal attempt voluntary if a person does so because it has become more likely that they will get caught or committing the crime has become more difficult. A person does not completely renounce their criminal purpose if they simply choose to postpone the crime or switch to a similar objective or another victim.
A person may also face a criminal attempt charge if they engage in conduct intended to help another individual commit a crime, even if the other individual ultimately does not commit or attempt to commit the crime.
What Are Examples of Criminal Attempt in New Jersey?
Many crimes can have a related attempt offense. Examples include:
- Attempted homicide
- Attempted arson
- Attempted assault and battery
- Attempted robbery
- Attempted burglary
- Attempted kidnapping
Various kinds of conduct could lead to attempted crime charges in New Jersey. For example, a person may face prosecution for criminal attempt if they:
- Fire a gun at someone with the intent to kill them, but the person misses or the other individual survives a gunshot wound.
- Demand money from a teller during a bank robbery but run off without any money when they see police officers or security guards.
- Attempt to break into a house by picking a door lock but flee when they alert the home’s occupants or neighbors.
- Try to grab someone to carry them away against their will, but the person manages to break free and run.
Penalties and Sentencing for Attempted Crimes
Because New Jersey law typically imposes the same grading for criminal attempt as the underlying offense, typical penalties that a court may impose during sentencing for an attempted crime include:
- First-degree crime – 10 to 20 years in prison
- Second-degree crime – 5 to 10 years in prison
- Third-degree crime – 3 to 5 years in prison
- Fourth-degree crime – Up to 18 months in prison
Why Choose Our New Jersey Attempted Crimes Attorney?
Criminal attempt charges can lead to serious, life-altering consequences in New Jersey. That makes legal representation essential to pursuing a favorable resolution to a criminal case. Let the experienced criminal defense lawyers at William Proetta Criminal Law help you tackle your charges because:
- Our firm focuses exclusively on criminal defense matters and has handled thousands of cases throughout New Jersey. We have extensive knowledge of court procedures, criminal law, and defendants’ rights.
- Our team will take the time to listen to your story and understand your concerns, needs, and goals. A skilled attorney at our law firm will explain your charges and provide you with a straightforward assessment of your options so you can make informed decisions about how to move forward with your case.
- You will work directly with a knowledgeable criminal defense attorney, rather than going through a junior associate or paralegal.
- Because we have spent our careers in New Jersey, we have developed working relationships with prosecutors, judges, and court staff to help move your case forward and pursue the best outcome for you.
