Attempt is a crime that can occur in the Phoenix area or elsewhere in Arizona as per A.R.S. §13-1001 when someone acts with culpability otherwise needed for committing a crime and intentionally behaving with conduct that would constitute that crime. Another means that the crime can be committed is when an individual intentionally carries out steps or conduct that would succeed in committing a crime or in a way that they are intentionally aiding another person to commit a crime.
Punishment for the Crime of Attempt in Arizona
There are several punishments for the crime of attempt. If the underlying offense is a class one felony such as murder, the Attempt can be charged as a class two felony. For a first offense of a class two felony, the punishment can range from probation with no jail served to as much as a year in jail, or a prison stay that lasts three to 12 and a half years. If the individual has one prior conviction, prison only will be instated for a duration of four and a half to 23 and a quarter years. With two prior convictions, the prison term is between 10 and a half to 35 years.
If the underlying crime falls under the category of class two felony, the Attempt can be charged as a class three felony. In the instance of a first offense class three felony, the punishment can be probation with zero days to a full year in jail, or prison of two to eight and three quarter years of incarceration. With a single prior conviction, the prison term can last three and a half to 16 and one quarter years. With two previous convictions, the individual can serve as much as seven and a half to 25 years in prison.
However, the Attempt can be considered a class four felony if the underlying crime is a class three felony. Punishment for the Attempt would then be, for a first offense, probation with no jail time up to one year, or a prison sentence of one year or up to three and three quarter years. If the individual has had a prior conviction, prison is two and a quarter to seven and a half years served. With a second prior conviction, the person can expect six to 15 years of time in prison.
If the underlying crime is a class four felony, the attempt can be counted as a class five felony. Punishment for this for a first offense may be probation with no jail to a year of jail time, or prison ranging from six months to two and a half years. However, with a prior conviction, the prison range may be one year to three and three quarter years and with two previous convictions, prison served may last three to seven and a half years.
For an underlying crime of a class five felony, the Attempt can be charged as a class six felony. With a first offense, the punishment includes probation, zero days to a year in jail, or prison of four months to two years. With a prior conviction, prison only terms typically range nine months to two and three quarter years and with two prior convictions, the individual can expect a prison term of two and a quarter to five and three quarter years.
With an underlying crime of a class six felony, Attempt can be charged as a class one misdemeanor with punishment of probation and no jail to six months of time served as well as a fine of $2,500 plus a surcharge of 84 percent. A class one misdemeanor of Attempt is charged as a class two misdemeanor, which included probation, no jail to four months in jail with a fine of $750 that includes 84 percent of surcharges. Finally, an underlying crime of a class two misdemeanor can be charged as a class three misdemeanor that includes probation, 30 days of jail time and a $500 fine with an 84 percent surcharge.
If you are charged with a crime of Attempt, you need to hire a criminal attorney who can defend you. Possible defenses include the Miranda rights violation, denial of right to counsel and forensic flaws within the investigation. In addition, the criminal lawyer may ensure a thorough investigation is made into whether sloppy or misleading police reports have been made.
David Michael Cantor has been practicing criminal law in Arizona for over 25 years. His firm, DM Cantor is AV® rated by Martindale-Hubbell® and David is a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. To speak with an attorney about a case, please call to schedule a free consultation. Our office is available 24 hours a day at (602) 737-2812 or by sending us a confidential email.