If you’re like many people come on you’ve heard of attempted crimes – but how serious are they, and can you go to prison if you’re charged with attempting a crime, even if you don’t succeed? This guide explains.
Will You Go to Prison for Attempting a Crime in Wisconsin?
You can absolutely go to prison in the state of Wisconsin for attempting a crime. Even if the crime isn’t successful, or if it does succeed but your role in it failed, you can find yourself behind bars. The bottom line is that it’s illegal to even attempt to commit a crime in the state of Wisconsin, and if you’re caught doing so, the police can (and will) come after you.
What Statute Governs Attempted Crimes in Wisconsin?
Wisconsin Statutes § 939.32(3) governs attempts to commit crimes in our state. The law says, “An attempt to commit a crime requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such crime and that the actor does acts toward the commission of the crime which demonstrate unequivocally, under all the circumstances, that the actor formed that intent and would commit the crime except for the intervention of another person or some other extraneous factor.”
That means if you do something that would lead to a successful crime, but something happens to prevent the crime from being successful, you’re still in hot water. (It’s a lot like the old Scooby-Doo cartoons; when Mystery, Incorporated caught a criminal, the criminal would always say, “And I would’ve gotten away with it, too, if it weren’t for you meddling kids!”)
Penalties for Attempted Crime
Typically, the penalty for an attempted crime it’s half the penalty for a completed crime. That means if you would have gone to prison for two years if you had completed the crime, you’re subject to a one-year prison sentence for attempting the crime. However, there are some exceptions to the rule. Most notably, if you attempt a Class A felony, you may spend up to 40 years in prison with 20 years of extended supervision.
Do You Need to Talk to an Attorney About Being Charged With an Attempted Crime?
If you’ve been charged with attempting a crime, we may be able to help you. Call our office at 414-383-6700 or get in touch with us online to set up a free consultation right away. Make no mistake: The stakes are high, and you don’t want to gamble with your future.