CRIMINAL ATTEMPT

Under Colorado law, a person can be held criminally liable for an act they did not complete, but that they did attempt.

A person can be charged with criminal attempt if they engage in conduct that is a substantial step toward the commission of the completed offense. A substantial step is considered to be conducted when it strongly corroborates the strength of the person’s purpose to complete whatever crime they are attempting.

The factual or legal impossibility of committing the crime is not a defense. However, it can be an affirmative defense if the person abandons his effort to commit the crime or if they prevent its commission.
Charging guidelines are as follows for a criminal attempt case:

• Criminal attempt to commit a class 1 felony constitutes a class 2 felony
• Criminal attempt to commit a class 2 felony constitutes a class 3 felony
• Criminal attempt to commit a class 3 felony constitutes a class 4 felony
• Criminal attempt to commit a class 4 felony constitutes a class 5 felony
• Criminal attempt to commit a class 5 or 6 felony constitutes a class 6 felony. Criminal attempt to commit a class 1 misdemeanor constitutes a class 2 misdemeanor.
• Criminal attempt to commit a misdemeanor other than a class 1 misdemeanor constitutes a class 3 misdemeanor.
• Criminal attempt to commit a petty offense is a crime of the same class as the offense itself.