Attempted Crime

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What Are the Consequences for Attempting a Crime in Wisconsin?

By Carlos Gamino

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.

Related: What happens if you’re charged with shoplifting over the holidays?

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!”)

Related: Talking to a lawyer about drug charges in Wisconsin

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.

Related: What you need to know about juvenile delinquency cases in Wisconsin

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.

Attorney Carlos Gamino

By |2022-07-19T14:21:10-05:00May 30th, 2022|Criminal Law|Comments Off on What Are the Consequences for Attempting a Crime in Wisconsin?

What is an Attempted Crime?

By Carlos Gamino

In the state of Wisconsin, you can get in trouble for trying to commit a crime – even if you never actually go through with the crime. And even worse, the penalties can be nearly as severe for attempted crime as they are for the actual commission of a crime.

Here’s what you need to know.

What is an Attempted Crime?

The state of Wisconsin can charge you with attempted crime if you had the intent to perform certain acts that would constitute a crime, even if something prevents you from committing the crime. Here’s an example: Let’s say you reach into a car’s open window to steal something, but the car’s owner comes out and chases you off before you can grab the object you intended to steal. The state of Wisconsin can charge you with an attempted crime because you tried to steal something – you just didn’t actually get it.

Under Wisconsin law, the state can charge you with an attempted crime if you had the intent to commit a crime – and you would have committed a crime if your plans hadn’t been interrupted by another person or some other factor.

Related: What is juvenile delinquency in Wisconsin?

What Kinds of Attempted Crimes Can You Be Charged With?

You can be charged attempted crime for anything in the Wisconsin Statutes. You can be charged with attempted:

What Are the Penalties for Attempted Crime?

Although every case is different, the penalty for an attempted crime is half the penalty for a completed crime. If you would have been sentenced to 6 months in jail for actually something out of the car in the example above, you might be looking at a 3-month jail sentence for attempting to steal something.

Do You Need to Talk to an Attorney About Attempted Crime Charges?

If you’ve been charged with attempting a crime – any crime – we may be able to help you. Call us at 414-383-6700 now to schedule your free consultation. We’ll be happy to answer your questions and give you the legal advice you need to get the best possible outcome in your case.

Carlos Gamino

By |2021-07-17T09:29:44-05:00March 24th, 2021|Criminal Law|Comments Off on What is an Attempted Crime?

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