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Attempt, Conspiracy, & Solicitation Charges: What You Need to Know

Attempt, Conspiracy, & Solicitation Charges: What You Need to Know

By on Jul 6, 2020 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

There are times when you can be taken to court over crimes that were not actually committed. If you’ve been charged with attempt, conspiracy, or solicitation, you are being prosecuted for taking part in a crime that did not necessarily take place. All three of these charges are called inchoate crimes, meaning they are incomplete. In the eyes of the law, that does not necessarily excuse you from responsibility regarding the crime.

What is an Attempt Charge in Colorado?

An attempted crime is one that was sufficiently planned but was not carried out or successful in the end. Generally, there are two reasons an attempted crime may not be completed. Either the defendant carried out an act necessary to commit the crime but did not succeed in committing the crime itself, whether from being prevented or giving up, or they took real action to commit the crime and failed.

Only Certain Crimes Apply to Attempt Charges

Specific intent is necessary to be charged with an attempted crime. What this means, is that they require a physical act, meaning crimes such as murder, assault, or battery. These are crimes where steps necessary to carry out the crime can be proven to show specific intent to commit the crime. For example, attempted murder may be proven through the purchase of a weapon.

How Attempt Charges are Handled in Court

The most common defense for a criminal lawyer to take against attempt charges is to show no concrete actions were taken. Proving no real action was taken to commit the crime, such as buying a weapon, can be effective. However, if found guilty, punishment for an attempted crime may be half the maximum for committing the actual crime. Being convicted of an attempted crime is still a serious conviction and an attempted felony is still considered a felony itself.

What is a Conspiracy Charge in Colorado?

Similar to an attempt charge, being charged with conspiracy involves an agreement to commit a crime. This agreement can be explicit or implied, but does have to involve two or more people, at least one of whom takes real action to carry out the crime.

How Conspiracy Charges are Handled in Court

The vague definition brings about criticism over potential charges just for utilizing free speech. However, many cases will involve one of three options for Colorado legal defense against a conspiracy charge. Those three common defenses are abandonment of the plan, showing the crime was impossible to commit, or proving there was not more than one cooperative party to the crime. If convicted of conspiracy, you will likely be charged much less severely than if you had committed the crime implied in the charge.

What is a Solicitation Charge in Colorado?

A solicitation charge implies not the intent to personally carry out a crime, but rather that someone else was requested, hired, encouraged, invited, or commanded to commit a crime. In Colorado, this can apply to felonies. Any solicitation charge will require proving that a second person was in some way coerced to commit a crime for the person being charged, whether through the exchange of words, money, or another form of payment.

How Solicitation Charges are Handled in Court

Because the nature of a solicitation charge involves encouraging another person to carry out the crime, a common defense is intent. A common legal defense is to argue that the defendant never intended for the crime to be committed and that their words were meant as a joke. This defense loses ground of there was an exchange of physical goods that could be interpreted as payment, or if payment was formally agreed upon. Typically, punishment for a solicitation charge will not be as severe as the intended crime.

Not Following Through on a Crime Doesn’t Mean You Can’t Be Charged

If you have been charged with an inchoate crime and need an experienced Boulder lawyer to help build your defense in court, request your free consultation with Phil Clark. An experienced criminal lawyer can help build a solid defense through knowledge of Colorado law, as well as federal law, to understand which parts of your story will help avoid being punished for a crime you neither committed nor intended to commit.

If you are charged with a Crime in Boulder, Colorado make sure you obtain the services of Boulder DUI Attorney Phil Clark. Phil is certified in Federal Drug Law standards. With his experience as a former prosecutor, Phil has the inside knowledge and skills to defend your Criminal Law case. Contact Us for a FREE Consultation. Don’t wait to protect yourself and invest in your future today!

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