Also known as: attempt · attempts · attempted · attempting · to attempt · criminal attempt
Written by attorneys · grounded in primary & secondary sources — see below
A preliminary step taken toward committing a criminal attempt. Courts generally refuse to recognize liability for attempting an attempt because the conduct remains mere preparation. Some jurisdictions impose liability when the target attempt itself qualifies as an independent substantive offense.
Select any source to read its text and confirm it supports the definition.
Arthur Abrams wrote a letter urging another person to commit arson but the letter was intercepted before mailing. Prosecutors charged Abrams with attempt to attempt arson. The court dismissed the charge because the conduct never crossed into an overt act for the underlying attempt.
Alexis Archer filed an original complaint alleging breach and later sought to add a fraud claim arising from the same transaction. Prosecutors charged Archer with attempt to attempt fraud. The court dismissed the charge because the conduct remained mere preparation.
Alliance Holdings offered valuable consideration to settle a contract dispute with Atlas Ventures. Prosecutors charged Alliance with attempt to attempt fraud. The court dismissed the charge because the conduct remained mere preparation.
Adrian Aguilar directed a paralegal to file a pleading that violated professional conduct rules. Prosecutors charged Aguilar with attempt to attempt a crime. The court dismissed the charge because the conduct remained mere preparation.
Aaron Adams mailed an acceptance after the offer had lapsed but before any revocation. Prosecutors charged Adams with attempt to attempt fraud. The court dismissed the charge because the conduct remained mere preparation.
Anthony Arnold swung a fist at Alexandra Armstrong while her back was turned. Prosecutors charged Arnold with attempt to attempt assault. The court dismissed the charge because the conduct remained mere preparation.
No. Black letter law states there is no such thing as an attempt to attempt a crime. Courts treat the conduct as mere preparation rather than an overt act sufficient for attempt liability.
Supporting sources
Some jurisdictions recognize the offense when the attempted crime is defined as an independent substantive crime. An example is attempted assault where assault itself is defined as placing a person in apprehension rather than as attempted battery.
Supporting sources
…1191-1194 and 1196 of the State's Penal Code.[^maj-1] These make it a crime to "procure an abortion," as therein defined, or to attempt one, except with respect to "an abortion procured or attempted by medical advice for the purpose of saving the life of the mother." Similar statutes are in existence in a majority of the…