Attempt and Conspiracy Charges in Georgia

Attempt and conspiracy charges are two very interesting aspects of the law. At Bixon Law, we have extensive knowledge in defending against these charges. With our experience and dedication to aiding each client, we understand the importance of treating each case with the unique attention it deserves.  

There are two ways that a Prosecutor can secure a conviction against you for a crime you didn’t commit: Attempt and Conspiracy.  Attempt is when you attempt to commit a crime on your own, whereas Conspiracy comes up when you plan with others to commit a crime. The Attempt and Conspiracy statutes can also be a powerful tool for a Defense Attorney if a conviction is imminent.  There is a statute that allows a Prosecutor to change a conviction for a crime to a “Criminal Attempt” or a “Criminal Conspiracy” conviction, which could be a more favorable result. 

Legal Definition of Attempt and Conspiracy

In Georgia, Criminal Attempt is defined under O.C.G.A. § 16-4-1:  “…when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.”

Criminal Conspiracy is defined under O.C.G.A. § 16-4-8:  “…when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy.”

The key to these statutes is the concept of an “overt act” or “substantial step”, which Georgia courts use interchangeably.   This means that after a Defendant decided they wanted to commit a crime, they took an action towards making the crime happen.  Not all actions will constitute an overt act or substantial step, however.  “Mere acts of preparation” are not enough to satisfy the overt act or substantial step requirements.  Additionally, the action must be inexplicable as a lawful act.  The court has even said that “procuring or loading a gun, or buying poison, or walking to a particular place, with intent to kill another, is not enough to make one guilty of an attempt to commit murder.”  Another example (taken from the case discussed below) is that while making lists of intended victims and supplies might amount to mere acts of preparation, the act of bringing a gun to school would be a substantial step.

The critical difference between Criminal Attempt and Criminal Conspiracy is whether you acted alone or with others.  It’s important to note that for a Criminal Conspiracy, you yourself don’t have to be the one to take a substantial step or overt act- if ANYBODY involved in the conspiracy or planning takes a substantial step, it’s enough to secure a conviction against you.

The pivotal divergence between Criminal Attempt and Criminal Conspiracy lies in the realm of collaboration. While the former entails solitary action, the latter implicates collective scheming, where the involvement of any party in the conspiracy’s execution can lead to conviction. Therefore, a comprehensive understanding of these distinctions is indispensable when devising a robust legal defense strategy.

Strategies in Defending Against Criminal Attempt and Conspiracy Charges

No Substantial Step

Criminal Attempt and Criminal Conspiracy charges typically occur when a crime was planned but not committed and a substantial step was taken.  If the Prosecutor cannot prove a substantial step, they cannot secure a conviction.  Acts that are “mere preparation” are not enough to constitute a substantial step.  There is a grey area between “substantial steps” and “mere preparation”, and a skilled Defense Attorney can argue that whatever act the Prosecutor is relying on for a substantial step can only be viewed as mere preparation.

Lack of Intent

One of the fundamental elements in Criminal Attempt and Conspiracy charges is the intent to commit the underlying crime. If the defense attorney can demonstrate that the accused lacked the requisite intent to engage in criminal behavior, it can serve as a compelling defense.

Duress or Coercion

If the accused was coerced or threatened into participating in the planning or attempt of a crime, they may have a valid defense based on duress or coercion. This defense asserts that the accused had no choice but to comply with the demands of another party.

Entrapment

Entrapment occurs when law enforcement induces or persuades an individual to commit a crime that they were not predisposed to commit. If the Defense Attorney can show that the accused was entrapped by law enforcement into participating in the criminal activity, it can serve as a strong defense against both Attempt and Conspiracy charges.

Insufficiency of Evidence and Mistake of Fact

In any criminal case, the burden of proof rests with the prosecution. If the Defense Attorney can demonstrate that the evidence presented by the prosecution is insufficient to prove guilt beyond a reasonable doubt or that the accused was mistaken about a material fact surrounding the alleged crime, such as the identity of the victim or the legality of their actions, it can result in the acquittal of the accused. Mistake of fact negates the intent element of the offense and can provide a strong defense against both Attempt and Conspiracy charges.

Lack of Knowledge

For Criminal Conspiracy, you have to plan with others for actions to take place that satisfy all elements of a given crime.  For example, to secure a conviction for Armed Robbery, the Prosecutor must prove that everybody conspired to steal items of value and that they conspired to do so through the use of force.  This means that if you were charged as a co-conspirator and planned to supply the other Defendants with firearms but had no idea that items of value would be taken, you personally didn’t conspire to commit the crime of Armed Robbery and could not be convicted of Criminal Conspiracy, even if the other defendants did possess such knowledge.

Withdrawal

A co-conspirator can be relieved of a Criminal Conspiracy charge if their Defense Attorney can show that before any substantial step or overt act occurred, they withdrew their agreement to commit a crime. This legal principle not only protects the rights of individuals but also details the importance of timely and decisive action in disassociating oneself from unlawful practices. 

Punishments of Criminal Attempt and Conspiracy Charges

The punishment for a Criminal Attempt or Criminal Conspiracy depends on whether the crime allegedly attempted or conspired to commit is a Misdemeanor, a Felony, or a Felony punishable by life imprisonment or a death sentence.  For a Misdemeanor, the punishment is the same as for Misdemeanors generally, which is a fine not to exceed $1,000, incarceration for up to 12 months, or both.  For Felonies, the punishment would be imprisonment for not less than one year and not more than one-half of the term for the underlying crime, by one-half of the maximum fine for the underlying crime, or both.  For Felonies punishable by death or life imprisonment, the sentence will be 1-30 years of imprisonment for Attempt and 1-10 years for Conspiracy.

The full text of the statutes governing punishment for Criminal Attempt and Criminal Conspiracy are found under O.C.G.A. § 16-4-6 and O.C.G.A. § 16-4-8.

Criminal Attempt Case Example

In Stapleton v. State, defendant Jackson Stapleton created a list of 52 individuals of persons to be targeted for murder, created a list of supplies to carry out the murders, and brought a firearm to Pataula Charter School, where presumably the murders were intended to occur.  The court held that making a list of intended victims and supplies, procuring a gun, or walking to a particular place with intent to kill alone would be insufficient to cross from preparation to intent.  The line was crossed when the Defendant brought the gun to the school, however, which was a “direct movement towards the commission after the preparations were made.”

Contact Bixon Law Today

If you have been charged with Attempt or Conspiracy and need the best local criminal Defense Attorney, give Bixon Law a call today to speak to one of our experienced Georgia criminal defense lawyers. We will vigorously defend your criminal defense rights, and advocate on your behalf to have your criminal case dismissed or your charges reduced. As experienced trial attorneys, we are not afraid to take your case to trial if necessary. We represent clients in Atlanta and throughout the state of Georgia. We are lawyers who are committed to helping people in difficult situations, and we invite you to call us at 404-551-5684 for a free consultation on your case today.