Attempted Crimes – NRS 193.330

Overview of Attempted Crimes

In Nevada, an attempt to commit a crime is considered a criminal offense under NRS 193.330. This statute addresses situations where an individual, with the intent to commit a specific crime, takes steps toward its commission but fails to complete the crime. Attempted crimes are treated seriously and can result in significant legal consequences.

Statutory Definition

NRS 193.330 – Attempted Crimes: This statute defines an attempt as any act done with the intent to commit a crime that, if completed, would constitute the crime. For an act to qualify as an attempt, the accused must have taken substantial steps toward completing the crime, even if the crime was not fully realized.

Key Elements of the Offense

To convict someone of an attempted crime under NRS 193.330, the prosecution must prove the following elements beyond a reasonable doubt:

1. Intent to Commit a Crime: The accused must have had a specific intent to commit a particular crime.
2. Substantial Step: The accused must have taken a substantial step toward completing the crime. This means they did more than just prepare; they must have engaged in conduct that is a clear indication of their intention to commit the crime.
3. Failure to Complete the Crime: The accused’s actions must fall short of completing the crime. The offense does not require that the crime be completed, only that the attempt was made.

Related Offenses

Attempted crimes often intersect with other criminal charges. Here are some related offenses:

1. Conspiracy – NRS 199.480: Involves an agreement between two or more people to commit a crime, whether or not the crime is attempted or completed.
2. Solicitation – NRS 199.300: Involves persuading or encouraging someone else to commit a crime, regardless of whether the crime is attempted or completed.
3. Accessory After the Fact – NRS 195.030: Involves assisting someone after they have committed a crime, but does not apply to the initial attempt.
4. Criminal Attempt to Commit Specific Crimes: Specific statutes outline attempts for particular crimes, such as attempted murder or attempted robbery.

Examples

• Example 1: Alex plans to rob a bank and purchases equipment for the heist. He even scopes out the bank and maps out his escape route. However, he is arrested before he can enter the bank. Alex could be charged with attempted robbery under NRS 193.330.
• Example 2: Linda tries to forge her friend’s signature on a financial document to withdraw funds but is caught before the document is completed. Linda could face charges of attempted forgery.
• Example 3: Mark attempts to set fire to a building but is stopped by the authorities before the fire starts. Despite the crime not being completed, Mark could be charged with attempted arson.

Defenses to Attempted Crimes

Several defenses may be used against charges of attempted crimes:

• Lack of Intent: If the prosecution cannot prove that the accused had the specific intent to commit the crime, the charges may be dismissed.
• No Substantial Step: If the accused did not take a substantial step toward committing the crime, it may be possible to argue that an attempt was not made.
• Abandonment: If the accused voluntarily abandoned their efforts to commit the crime and took steps to prevent its completion, this may serve as a defense.
• Mistake of Fact: If the accused was mistaken about the facts surrounding their actions and did not intend to commit a crime, this could be a viable defense.

Potential Penalty for Attempted Crimes

The penalties for an attempted crime depend on the nature of the underlying offense:

• Class of Attempted Crime: An attempt is generally punished as if the underlying crime had been completed, but with reduced penalties. For example, if the underlying crime is a felony, the attempt is also treated as a felony, but often with a lesser sentence.
• Felony Attempts: For serious crimes like attempted murder, the penalties can include substantial prison time. The specific sentencing depends on the severity of the attempt and any mitigating or aggravating factors.
• Misdemeanor Attempts: Less severe crimes may result in misdemeanor charges for attempts, leading to shorter jail time and lower fines.

Criminal Defense for Attempted Crimes

If you are facing charges for an attempted crime, it is crucial to seek experienced legal representation. Joshua Tomsheck, a former Chief Deputy District Attorney with extensive experience in criminal law, can provide the expertise needed to build a robust defense.

At Hofland & Tomsheck, we are dedicated to defending individuals against attempted crime charges. We will thoroughly investigate your case, challenge the prosecution’s evidence, and work to achieve the best possible outcome for your situation.

For more information about defending against attempted crime charges in Las Vegas, contact the law firm of Hofland & Tomsheck at (702) 895-6760 to schedule your free consultation. Our team is committed to providing exceptional legal support and guidance throughout your case.