As a criminal defense attorney, people ask me all the time
if I attempt to commit a crime, but don't actually complete it,
can I still be charged?
And the answer is yes.
Almost every crime in the penal code
can be charged as an attempt.
Or, as they sometimes say, even if you fail,
you still go to jail.
So, for example, if you attempted to kill somebody,
but they did not actually die, you
could be charged with attempted murder.
Or let's say that you intended to rob a bank,
and you went in with guns, and a demand note.
But it turned out that there were too many security guards,
and at the last moment you turned around and decided
not to go through with it, but you still got arrested,
you could be charged with attempted bank robbery.
Now, in order to make the case in court
for an attempted crime, the prosecutor
has to prove two things.
First of all, that you intended to commit the completed crime.
And secondly, that you took a direct step
towards its completion.
Which, in the example of our bank robbery,
would have been entering the bank
with guns and a demand note.