What Are Inchoate Crimes?
Attempt
In Georgia, criminal attempt occurs when you take a “substantial step” leading to a criminal act with the intention of eventually completing it. Picking the lock on someone’s car can constitute attempted grand theft auto, for example, even if you are caught before you actually steal the car. “Casing out” a bank prior to a robbery, on the other hand, may or may not be considered a sufficiently “substantial” step to constitute criminal attempt.
It is no defense to a contempt charge that you were attempting to do something impossible. If you attempt to kill someone by setting fire to their home, for example, it is no defense that they were out of town at the time.
Further, if you attempt to commit a crime that qualifies for life imprisonment, such as murder, you can be imprisoned for 1 to 30 years. If you attempt to complete another felony, you could be imprisoned for anywhere from one year to half the maximum sentence that applies to the completed felony. If you attempt to commit a misdemeanor you could go to jail for at least one year.
Conspiracy
Conspiracy is committed when at least two people agree to perform a criminal act, as long as at least one person in the conspiracy commits an “overt act” leading to completion of the crime.
You can be convicted of conspiracy in Georgia even if your co-conspirator commits the overt act (such as buying a gun) while you did nothing but agree to commit the crime. You can avoid a conspiracy conviction if you can show that you withdrew from the conspiracy before the overt act took place.
If you attempt to commit a crime that is eligible for life imprisonment, you could be sentenced to 1 to 10 years in prison. For other felonies the sentencing range is one to ten years, while for misdemeanors it is up to a year in jail.
Solicitation
A person can be charged with solicitation in Georgia if he or she tries to persuade someone to commit a felony, even if the other person does not agree, and even if no act has been performed towards committing the crime.
If the crime qualifies for life imprisonment, you could face one to five years in prison, while for other felonies the sentencing range is one year to half the maximum sentence for that felony.
Although being charged with an inchoate offense is a serious matter, a number of defenses are available that a skilled attorney can take advantage of. If you have been charged with one of these offenses in Georgia, don’t delay – call 1-800-NOJAIL-9 or 1-800-665-2459 immediately.
We will answer your call 24/7 and set up a free initial consultation with you. We will be happy to consult with you in our office, over the telephone or in jail. Contact us today.