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Inchoate Crimes: Attempt

By Baker Associates

Tennessee recognizes three different types of inchoate (basically another word for preparatory) offenses which allow a person to be charged with a crime even though the crime was not committed. The first type of inchoate offense recognized by Tennessee is an "attempt" offense. Attempt basically occurs when a person has the requisite mental state required for a crime (such as intentional, knowing, or any other mental state set out in the statute describing the attempted offense) and "attempts" to commit the crime. This can happen where a person tries to commit the offense but is caught before he or she can carry it out, where a person tries to commit the offense but is mistaken about the facts (thinking a certain poison will kill someone but it turns out to be harmless), or where a person does everything he or she thinks necessary to commit the crime but is unsuccessful (picking up someone's suitcase thought to have $100,000 in it but which is actually empty)...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on July 19, 2010 (boomark / email).