Even if a defendant fails to fully complete a crime, they can still be charged with the attempt of that crime, i.e. in the case of an uncompleted or inchoate offense. The requirements for proving attempts vary by jurisdiction, though a party must always cross the line f…
attempt in U.S. law
In jurisdictions following the common law, specific intent to complete the underlying crime must generally be shown (even if the underlying crime was a general intent or strict liability offense) as well as show that the actor had the power to complete the crime almost immediately. For example, in People v. Rizzo, a group of men who drove around town with the goal of robbing a specific person could not be found guilty of attempted robbery because they never actually found the would-be victim.
In jurisdictions following the Model Penal Code (MPC), however, a person is guilty of an attempted crime if they took a “substantial step” towards the completion of that crime. The “substantial step” must strongly indicate the person’s intent to commit the crime. For example, in State v. Lammers the court determined that purchasing an assault rifle and engaging in target practice is a sufficient substantial step to uphold a conviction for attempted first degree assault.
See also: 18 U.S.C. § 1113, attempt to commit murder or manslaughter; 26 U.S.C. § 7201, attempt to evade or defeat tax
The practical impact of attempt
attempt appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
attempt — procedural details
In practice, attempt is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.