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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default Found Guilty of Attempt

    My question involves criminal law for the state of: South Carolina
    Can a person be found guilty in a jury trial of attempted grand larceny when they were charged only with grand larceny?

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Found Guilty of Attempt

    You have internet access and can research that state law question easy enough.

    Generally there can be lesser included offenses, or counsel can get the state to permit lesser included offenses for the jury to consider. Attempts generally are not lesser included offenses. However, if a defendant is confident that the state could not prove all the elements of the grand larceny charge, you would not want to let them off the hook and let the jury find you guilty of something else, like the attempt.

    Besides, if a person is charged with a felony they have an ATTORNEY to answer this question.

    Now, an attorney might get a plea bargain for a client of attempt, rather than the completed crime. However, that would not be much of a deal as the sentences are pretty much the same for attempts and completed crimes. A plea bargain would more likely be for a misdeamnor version of the crime.

    Also, generally an attempt is the uncompleted version of the crime. If the crime was completed, then there is no attempt to be charged or convicted of. In other words, either the crime was completed or it was not. There generally is no consolation prize for failing to prove the offense charged. My knowledge is mainly federal law and Florida law. Generally an attempt is not a lesser included offense. For instance, conspiracy is not a lesser included offense to attempted bank robbery. Attempted bank robbery, making an attempt to enter the bank, can't be a lesser included offense of bank robbery. There either is a bank robbery or there isn't.


    It is possibly grounds for an appeal. But where was the attorney when this was going on? What jury instructions did he/she submit? What did the court approve?

  3. #3
    Join Date
    Aug 2009
    Location
    Central Florida
    Posts
    37

    Default Re: Found Guilty of Attempt

    Yes. In many states attempting the crime and actually completing it do not change anything.

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