The Louisiana Revised Statutes define criminal attempts under RS 14:27. This guide explains what constitutes an attempted crime, the elements prosecutors must prove, potential penalties, common defenses, and practical examples to help readers understand how these rules apply in practice.
What Is An Attempt Under Louisiana Law
An attempted crime occurs when a person, with the specific intention to commit a crime, takes a substantial step toward its completion but does not actually finish the offense. In Louisiana, a defendant must act with criminal intent and perform an overt act that goes beyond mere preparation. The idea is to reach a point where the crime could have been completed if not halted by external factors or the actor’s decisions.
Elements Of A Louisiana Attempted Crime RS 14:27
- Criminal Intent: The person must knowingly intend to commit the target crime. General curiosity or mere preparation is not enough; the intent must be to bring about the criminal result.
- Substantial Step: The individual must take a substantial step toward the commission of the crime. This is an act that strongly corroborates the actor’s intent and moves beyond planning or setup.
- Uncompleted Offense: The crime is not completed. The defendant is charged with attempting to commit the crime, not with the successful execution of the offense.
There is no need for the offense to be fully capable of being completed at that moment; a substantial step toward the crime, as imagined by the defendant, is the key. If the state can prove these elements beyond a reasonable doubt, a conviction for attempt may follow.
Penalties And Sentencing For Attempted Crimes
Punishments for attempted crimes in Louisiana are typically close to the penalties for the completed offense, though often somewhat reduced to reflect the fact that the crime was not fully carried out. The exact sentence depends on the underlying offense, the offender’s criminal history, and aggravating or mitigating factors.
- Severity: Attempted crimes generally carry serious penalties, reflecting the danger posed by someone who intends to commit a serious offense.
- Mitigating Factors: Factors such as voluntary abandonment, lack of harm, or reliance on misleading information can influence outcomes in some cases.
- Enhancements: Prior convictions or use of weapons may elevate sentencing in certain attempted offenses.
Because RS 14:27 addresses the crime of attempt as a distinct offense, defendants may face substantial jail time, probation, or fines depending on the specific crime they attempted and the court’s decision.
Common Defenses To Attempt Charges
- Insufficient Evidence Of A Substantial Step: The defense may argue that the accused did not take a step beyond mere preparation toward completing the crime.
- Lack Of Specific Intent: If the prosecution cannot prove the individual acted with the intent to commit the crime, an attempt charge may fail.
- Voluntary And Complete Abandonment: In some circumstances, stopping the plan and taking steps to prevent the crime from occurring can be a defense, especially if the abandonment is voluntary and complete.
- Entrapment Or Coercion: If law enforcement induced the offense or used improper methods, the defendant may have a defense to an attempted charge.
Defenses depend on the facts of the case, including what steps were taken and whether the state can prove the required elements beyond a reasonable doubt.
Practical Examples And Case Context
Understanding how RS 14:27 applies can be aided by concrete situations. Consider these illustrative scenarios:
- A person purchases tools and visits a bank with intent to rob it, but is stopped by police before attempting to force entry. If there is clear evidence of intent and a substantial step toward the crime, an attempt charge may apply.
- Someone with the intention to commit burglary installs devices and then discards them after realizing the plan would require breaking in. Depending on the steps taken, prosecutors might pursue an attempted burglary charge.
- A person arranges a meeting to facilitate a drug distribution scheme and provides materials, but law enforcement intervenes before any distribution occurs. The nature of the steps taken will influence whether an attempt charge is appropriate.
These scenarios show how intent and the chosen acts interact with “substantial step” requirements to determine liability for attempted crimes.
Differences From Related Offenses
- Conspiracy vs. Attempt: Conspiracy involves agreement between two or more persons to commit a crime, sometimes with its own criminal penalties. Attempt requires the individual to take a substantial step toward committing the crime alone or with others, but not necessarily an agreement.
- Mere Preparation: Merely planning a crime without taking a substantial step is typically not criminal under RS 14:27.
- Aiding And Abetting: Aiding or abetting a crime can carry different elements and penalties than a direct attempt, depending on the role and actions taken.
Understanding these distinctions helps clarify why prosecutors charge attempt rather than conspiracy or aiding, and how juries assess liability.
What To Do If Charged With Attempt
Anyone facing an attempted charge should seek experienced counsel promptly. An attorney can review the specific steps taken, evaluate the strength of the intent evidence, assess potential defenses, and guide the defendant through the legal process. Early consultation can influence plea decisions, potential diversion options, and trial strategy.
Key Takeaways
- Intent And Substantial Step: The core of RS 14:27 is purposeful intent paired with a substantial step toward completing the crime.
- Uncompleted Offense: The charge targets the attempt, not a finished crime.
- Defenses Matter: Defenses like lack of intent, insufficient steps, or voluntary abandonment can influence outcomes.
Understanding Louisiana RS 14:27 helps individuals recognize how criminal attempts are defined, prosecuted, and defended. Awareness of the elements, potential penalties, and defenses provides a framework for informed legal decision-making and safer decision-making in high-risk situations.