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Attempt To Commit A Crime

Nevada’s punishments for attempt crimes are defined by NRS 193.330. Attempted crimes are generally lesser offenses than the underlying offense, and their penalties are less harsh as well. In order to be convicted of an attempt crime, the State must prove two elements beyond a reasonable doubt:

  1. That the Defendant intended to commit the underlying crime; and
  2. The Defendant took at least one direct step towards the commission of the underlying crime.

Defenses to Attempting to Commit Crimes in Nevada

Attempt crimes are difficult for the State to prove because they are specific intent crimes. This means that the State must prove, beyond a reasonable doubt, that the Defendant specifically intended to commit the underlying offense. A Las Vegas criminal defense lawyer can present the argument that a defendant never intended to commit a crime, and the prosecutor would have the burden of proving that the defendant did intend to commit it.

For example, if a prosecutor wanted to charge someone with attempted murder after they shot at a victim (who survived), they would have to prove that the shooter intended for the victim to die as a result of the shooting, rather than simply wanting to scare or injure the victim.

Penalties for Attempting to Commit a Crime in Nevada

  • If the underlying crime that was attempted is a category A felony, a defendant will be convicted of a category B felony, punishable by a minimum of 2 and a maximum of 20 years in prison.
  • If the underlying crime that was attempted is a category B felony for which the maximum term of imprisonment is greater than 10 years, a defendant will be convicted of a category B felony, punishable by a minimum of 1 and a maximum of 10 years in prison.
  • If the underlying crime that was attempted is a category B felony for which the maximum term of imprisonment is less than 10 years, a defendant will be convicted of a category C felony, punishable by a minimum of 1 and a maximum of 5 years in prison.
  • If the underlying crime that was attempted is a category C felony, a defendant will be convicted of a category D felony or a gross misdemeanor.
  • If the underlying crime that was attempted is a category D felony, a defendant will be convicted of a category E felony or a gross misdemeanor.
  • If the underlying crime that was attempted is a category E felony, a defendant will be convicted of a category E felony or a gross misdemeanor.
  • If the underlying crime that was attempted is a misdemeanor, gross misdemeanor, or undesignated felony, the maximum penalty for attempting the crime can not be more than half of the maximum penalty of the underlying crime.

Attempt crimes are a very specific and complicated area of law. If you are charged with an attempt crime, you need an experienced Nevada criminal defense attorney. Call the law offices of Boley & AlDabbagh at 702-435-3333.