In Georgia, you don’t actually have to complete a crime to be charged with a felony. Georgia law says that a person can be charged with criminal attempt to commit a felony even if the crime was never successfully carried out.

O.C.G.A. § 16-4-1 says that a person commits criminal attempt “when, with the intent to commit a specific crime, he performs any act which constitutes a substantial step toward commission of that crime”. This means that the state must prove two elements: intent and a substantial step. The defense often lies here: simply thinking about committing a felony is not enough. There must be some clear action that moves beyond preparation and toward actual commission.

A substantial step is something is more than planning but less than actual completion. Courts look at whether the conduct strongly corroborates the defendant’s criminal intent. Examples of this might be attempting to break into a house but being stopped before entry or trying to sell drugs but being arrested during the transaction setup. An experienced criminal defense attorney will help differentiate between mere preparation (buying gloves and a mask) and a substantial step (trying to force open a door while wearing gloves and a mask).

Penalties for criminal attempt cases are generally one step lower than the completed offense. For example, if the completed felony carries a sentence of life imprisonment, the attempt may carry a sentence of 1-30 years. If the completed felony carries a fixed sentence, the attempt may carry no more than half the maximum sentence.

If you are facing criminal attempt to commit a felony in Fulton County, it is important that you hire a lawyer that understands the charges and can help uncover the most robust defense. The lawyers at W. Scott Smith, PC will fight to protect you in criminal attempt cases. Call our office at 404-581-0999 today for a free consultation.