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Understanding Attempted Crimes

With regards to criminal law, intent is often looked at when considering whether the accused is guilty of a crime. But what if a crime was not completed? Does this mean no criminal charges can follow? With regards to attempted crimes, this likely occurs when an individual fails to complete the crime. However, in order for an attempted crime to occur, the accused must have had the intent to commit the supposed crime.

A criminal charge related to a person's attempt to commit a crime is based on a person's specific intent. This means that the accused must have the intent to commit a crime and has taken direct action toward the completion of the crime. Additionally, attempted crimes are typically incomplete. This means that the prosecution must prove that the accused had the intent to complete or commit the crime.

In order for a criminal act to be attempted, one must go beyond mere preparation to commit the offense. This means that the defendant must have actually taken material steps to commit the crime. This is the basis in some jurisdictions while others base a conviction of a wider range of actions taken toward the completion of a crime.

An attempted crime is said to have occurred when a person sets the wheel in motion to commit a crime. An attempt falls somewhere between deciding to commit a crime and completing the crime without success. An incomplete crime occurs when an individual abandons the commission of the crime after he or she has taken steps to commit it or when a person fails to complete the crime after he or she has taken steps to commit it.

When accused of attempt, it is important for defendants to understand that not all crimes can be attempted. This means they must be a specific intent crime. Additionally, there are defense options available for those accused of such crimes, which could help an accused obtain reduced or dismissed charges.

Categories
  • The Iowa State Bar Association
  • DUI Defense Law
  • NACDL
  • AAJ
  • Iowa Association of Justice

Keegan, Tindal, & Jaeger 

Put Over 50 Years of Combined Trial Experience On Your Side 
  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Jaeger
  • J. Dean Keegan J. Dean Keegan

    Owner

    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
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  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Jaeger, graduated from the University ...
    Eric D. Tindal Photo
  • Andrea D. Jaeger Andrea D. Jaeger

    Attorney

    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Jaeger practices in the areas of white collar ...
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See What Our Clients Have to say

  • I am glad he was there to get my head out of the guillotine when I needed him and keep my record clean.

    “I was stopped for an OWI. Dean took things as far as he could with the appeals process, finding every way possible to keep me driving in the meantime (which I needed to do for my job). Dean argued the ...”

    - Ryan
  • My family and friends appreciate all you have done. Thank you.

    “Thank you, Andrea and Eric. You both did a great job and got me the best results possible in my situation. I would recommend your service to any in need of counsel and I am still amazed in the way ...”

    - Michael
  • Andrea Jaeger is the best defense attorney in the world.

    “Andrea Jaeger is the best defense attorney in the world. She gets the job done for her clients. She goes hard for the best results. She would always be my first choice of defense. She is very ...”

    - Orlando
  • I am thankful for her representation.

    “I was very fortunate to have been represented by Andrea Jaeger. She is knowledgeable, reliable, and professional. Her expertise was more than what I could have asked for and I am grateful to have had ...”

    - Jack
  • Our family feels very fortunate to have had Andrea Jaeger as our advocate.

    “We became acquainted with Andrea Jaeger when she was assigned to our son's federal case several years ago. Certainly, when someone is court-appointed on your behalf, you simply never know what kind of ...”

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SUCCESSFUL results for our clients

Protecting Your Freedom & Rights
  • Operating While Intoxicated Charges Dismissed

    Linn County OWCR133760. Attorney Eric Tindal's client was arrested for Operating While Intoxicated. Mr. Tindal had all charges dismissed following a successful suppression hearing regarding the grounds for the stop.

  • Possession with Intent to Deliver Marijuana and Methamphetamine Charges Dismissed

    Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.

  • Possession with Intent to Distribute Charges Dismissed

    Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.

  • Second Degree Sexual Abuse and Other Charges Acquittal at Trial

    Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.

  • Sexual Abuse in the 2nd Degree Conviction Reversed on Appeal

    Iowa Supreme Court No. 04-361. The Defendant was convicted of Sexual Abuse in the 2nd Degree. On appeal, Mr. Tindal successfully argued that the conviction was based on improperly admitted evidence. The conviction was reversed.

  • Trafficking Stolen Weapons and Misdemeanor Theft Charge Dismissed

    Scott County FECR384046. The Defendant was charged with Trafficking Stolen Weapons and Misdemeanor Theft. The Court dismissed the felony following a Motion litigated by Mr. Tindal. The Defendant subsequently pled to the remaining misdemeanor.

  • Vehicular Homicide Charges Reduced

    Johnson County FECR68296. The Defendant was charged with Vehicular Homicide. Following a suppression hearing, Mr. Tindal and his co-counsel were able to show that the blood test result was taken in violation of implied consent procedures. The case was subsequently resolved for a misdemeanor.

  • First Degree Murder and Child Endangerment Causing Death Acquitted of First Degree Murder at Trial

    Henry County FECR005634. Attorney Tindal’s client was charged with First Degree Murder and Child Endangerment Causing Death. Following a two week trial, the Defendant was acquitted of all charges.

  • Operating While Intoxicated Reduced to Public Intoxication

    Johnson County OWCR116811. The Defendant was charged with Operating While Intoxicated. Mr. Tindal was able to win the Iowa Dept of Transportation appeal and have the blood test result thrown out. The case was resolved for a public intoxication charge and no loss of license.

  • Operating While Intoxicated Second Offense Reduced to Public Intoxication

    Washington County OWIN010946. The Defendant was charged with Operating While Intoxicated Second Offense. Following long negotiations with the State the Defendant was able to plead to a Public Intoxication and have his driving privileges reinstated.

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