Understanding Attempted Crimes
When it comes to criminal charges in Oklahoma, the concept of attempt plays a significant role. Attempt is classified as an inchoate crime, meaning that the individual did not fully accomplish the intended offense. For a clearer picture and understanding, let the attorneys at Wirth Law Office – Oklahoma City specifically focus on the example of burglary to shed light on whether you can be charged with both attempted burglary and burglary itself.
Attempted crimes refer to situations where an individual takes substantial steps towards committing a specific offense but falls short of completing it. These steps may include planning, preparing, or taking overt actions towards the commission of the crime. While the individual did not successfully carry out the offense, their intention and actions indicate a clear attempt.
The One or the Other Scenario
If you find yourself facing charges of both attempted burglary and burglary itself, it’s important to note that you cannot be charged with both simultaneously. The prosecution will typically focus on pursuing the charge for the completed offense, such as burglary, as it carries more severe penalties. To secure a conviction for burglary, the prosecution must establish guilt beyond a reasonable doubt, showcasing that the individual committed the crime.
In the event that the prosecution fails to prove the case for burglary, the charge will not stand. However, the inchoate offense of attempt remains in play, and the prosecution may continue to pursue it. This means that if they can’t prove the completed offense, they can still seek conviction for the attempted crime.
Consumption of the Inchoate Offense
An inchoate offense refers to a crime that is incomplete or in its early stages. It is a legal term used to describe criminal acts that fall short of full completion but still demonstrate a substantial step towards committing the intended offense. Inchoate offenses include attempts, solicitations, and conspiracies.
The concept of inchoate offenses originates from common law, which forms the basis of legal systems in many English-speaking countries, including the United States. Common law is a body of law derived from judicial decisions and customs rather than from legislative statutes. Inchoate offenses were developed by courts over time to address situations where individuals exhibit criminal intent and engage in preparatory acts but are stopped or fail to carry out the intended crime.
Once the prosecution successfully proves that an individual committed the crime itself, the inchoate offense of attempt is essentially consumed by the completed offense. This is because the individual had to at least attempt the crime in order to achieve the actual crime. While this may not be the desired outcome for those facing charges, it follows the logical understanding that attempting a crime is a necessary precursor to carrying it out.
If you or someone you know is facing accusations or charges involving an attempt at committing a crime, it is crucial to seek legal representation as soon as possible. Consulting with an experienced Oklahoma City attorney early on allows for the development of a strategic plan to help achieve a favorable outcome. While no guarantees can be made, the guidance and expertise of a knowledgeable attorney can greatly impact the trajectory of your case.
Call Now for a consultation
If you require assistance or wish to discuss potential legal representation regarding charges related to attempted crimes, the expert Oklahoma City attorney is here to stand by your side and protect your future. Contact the Wirth Law Office – Oklahoma City at 405-888-5400 to schedule a consultation. It is important to speak with an attorney who can provide you with personalized advice tailored to your specific circumstances.
