Atlanta, Ga. – Officers with the Atlanta Police Department are searching for a suspect who has been accused of attempting to rape a woman near Lenox Mall.
He has been accused by the victim of approaching her and trying to force himself on her near the mall and the Lenox MARTA station. As a Georgia Criminal Defense Lawyer, I will focus today's post not on the law behind the attempted crime of rape but on the alleged offense of criminal attempt.
Criminal Attempt in Georgia
The Georgia Code defines criminal attempt in Georgia as:
A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act, which constitutes a substantial step towards commission of that crime. O.C.G.A. §16-4-1.
According to Georgia Courts, there are two elements to the crime of attempt.
- A specific intent or purpose to bring a criminal result
- A significant overt act in furtherance of that intent that proves that the Defendant went past the point of preparation and began preparing for the crime.
In order to be convicted of criminal attempt, the State of Georgia must prove that the accused person is guilty beyond a reasonable doubt. This involves a showing that the defendant had the specific intent to commit the crime as well as took a substantial step to committing the crime.
The penalty if convicted for criminal attempt varies based on the crime that was being attempted.
If the attempted crime was one punishable by death or life in prison, the penalty will a prison sentence between one and thirty years.
If the attempted crime was a felony other than one punishable by death or life imprisonment, the penalty is a minimum one year in prison but no more than one-half of the maximum period of time for which he or she would have been sentenced if they had been convicted of the crime attempted. They could also be sentenced to one-half of the maximum fine if they had been found guilty of crime attempted, or both.
If the attempted crime was a misdemeanor, the penalty will be punished as a misdemeanor.
As you can see, there are laws that encompass even attempting to commit a crime. Criminal law in Georgia can be very confusing, which is why if you have been arrested in the state, you need to contact our offices now. We can help you today.
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