Criminal Attempt in New Jersey

N.J.S.A. 2C:5-1 · Attempt & Conspiracy

What the law says

A person commits criminal attempt by acting with the culpability required for the crime and engaging in specified purposeful conduct toward committing it. Attempt also includes conduct designed to aid another person in committing a crime when that conduct would establish complicity if the crime were committed.

Where this case is heard depends on how it's charged. We'll review your complaint and explain exactly which court you're in and what you face.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:5-1, that means:

• The person acted with the kind of culpability otherwise required for commission of the crime.
• The person purposely engaged in conduct that would constitute the crime if the attendant circumstances were as a reasonable person would believe them to be.
• When causing a particular result is an element of the crime, the person did or omitted to do something with the purpose of causing that result, without further conduct on the person's part.
• The person purposely did or omitted to do something that, under the circumstances as a reasonable person would believe them to be, constituted a substantial step in a planned course of conduct culminating in commission of the crime; the conduct must be strongly corroborative of the actor's criminal purpose.
• The person engaged in conduct designed to aid another to commit a crime that would establish the person's complicity under section 2C:2-6 if the other person committed the crime.

How the charge is graded

Attempt is generally graded one degree the same as the crime attempted, under N.J.S.A. 2C:5-4.

Other rules that can matter

• For an attempt under subsection a. (2) or (3), it is an affirmative defense that the actor abandoned the effort to commit the crime or otherwise prevented its commission under circumstances manifesting a complete and voluntary renunciation of the criminal purpose. The actor must prove the defense by a preponderance of the evidence.
• Establishing renunciation does not affect the liability of an accomplice who did not join in the abandonment or prevention.
• Renunciation is not voluntary if motivated, in whole or in part, by circumstances not present or apparent at the inception of the actor's course of conduct that increase the probability of detection or apprehension or make accomplishment of the criminal purpose more difficult.
• Renunciation is not complete if motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.
• If mere abandonment is insufficient to avoid the offense, renunciation is not complete unless the defendant takes further and affirmative steps that prevent its commission.
• Conduct designed to aid another may constitute attempt even though the crime is not committed or attempted by that other person.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Showing there was no substantial step toward committing a crime
• Renunciation as an affirmative defense under N.J.S.A. 2C:5-1 and 2C:5-2
• Challenging the existence of an agreement in conspiracy cases
• Attacking informant and recorded-call evidence

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Criminal Attempt charge.

Related charges

• Conspiracy →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.