Attempt in New Jersey Criminal Cases
Criminal Defense Attorney in Totowa, New Jersey
Alissa D. Hascup is a skilled criminal defense lawyer who represents clients throughout New Jersey, including in Paterson, Totowa, Morristown, Denville, Newark, and Hackensack. Many of Ms. Hascup’s clients have been charged with serious criminal offenses such as kidnapping, aggravated assault, sexual offenses, and weapons offenses. Ms. Hascup is an aggressive, battle-tested criminal defense lawyer who will attack the criminal charges against you and put you in a position to achieve the best possible result. Contact her office anytime for an initial consultation, which is always provided free of charge.
Attempt in New Jersey: N.J.S.A. 2C:5-1
Criminal Attempt. N.J.S.A. 2C:5-1 provides:
a. Definition of Attempt. A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:
- Purposely engages in conduct which would constitute the crime if the attendant circumstances were as a reasonable person would believe them to be;
- When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing such result without further conduct on his part; or
- Purposely does or omits to do anything which, under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
b. Conduct Which May Be Held a Substantial Step. Conduct shall not be held to constitute a substantial step under subsection a.(3) unless it is strongly corroborative of the actor’s criminal purpose.
c. Conduct Designed to Aid Another in the Commission of a Crime. A person who engages in conduct designed to aid another to commit a crime which would establish his complicity if the crime were committed by such other person, is guilty of an attempt to commit the crime, although the crime is not committed or attempted by such other person.
d. Renunciation of Criminal Purpose. When the actor’s conduct would otherwise constitute an attempt under subsection a.(2) or a.(3) of this section, it is an affirmative defense which he must prove by a preponderance of the evidence that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of such defense does not, however, affect the liability of an accomplice who did not join in such abandonment or prevention.
Grading of Attempt (Degree of Crime)
- An attempt to commit a crime of the first degree is a crime of the second degree; except that an attempt to commit Murder or Terrorism is a crime of the first degree.
- A crime of the second degree is punishable by a term of imprisonment of between 5 and 10 years in New Jersey State Prison.
- Otherwise, an attempt is a crime of the same degree as the most serious crime which is attempted.
- A crime of the third degree is punishable by a term of imprisonment of up to 5 years in New Jersey State Prison.
- A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months in New Jersey State Prison.
- An attempt to commit a disorderly persons offense is not punishable under the Code.
Contact a Denville NJ Attempt Criminal Lawyer for a Free Consultation
Ms. Hascup knows the nuances of the law and can use her knowledge to your advantage. If you find yourself in a situation where you or a loved one has been charged with an Attempt to commit a crime, the consequences can be serious. Contact Alissa D. Hascup at 862-257-1200 for a free initial consultation.