Legal Question in Criminal Law in California
I would like to ask a question to understand attempt better in criminal law;
If someone went to rob a bank, got there and because there were lets say cameras, changed there mind and left would that be considered attempt? If it is considered attempt how would anyone even know that person even attempted to rob the bank? Doesn't make any sense. Thank you.
1 Answer from Attorneys
That scenario would not be attempted robbery.
A person must take a direct, but ineffective step towards the commission of the offense. Was there a ton of preparation? Yes. Planning? Yes.
But ultimately, they abandoned the crime before directly trying to commit bank robbery.
If they went in and passed a note to the teller, then a guard apprehended them, it's an attempt since they did actually begin the robbery but we're unsuccessful.
Another example - guy wants to burglarize a house, but as he approaches the front door, he hears a noise and he runs. No attempt. Same guy yanks on the door trying to force it open, but he can't. That is an attempt.
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