Criminal Attempt, Conspiracy & Solicitation Charges Defense in Denver

In Colorado, a person does not need to actively participate in an actual crime to be charged with his or her role in the crime. In these instances, an individual may be charged with attempt, conspiracy, or solicitation of a particular offense.

Attempt, conspiracy and solicitation crimes can carry hefty penalties upon conviction. That’s why it is important to retain the services of one the skilled and experienced attorneys at Decker and Jones if you are charged with any of these types of crimes.

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.

Conspiracy

Under Colorado law, a person can be held criminally liable for an act they did not physically carry out but helped plan with others, or an act they helped plan with others and also physically carried out.

A person can be charged with conspiracy to commit a crime if, with the required intent, the individual agrees with at least one other person that they, or one or more of them, will commit, attempt to commit, or aid in committing the planned criminal act. However, a person cannot be convicted of conspiracy unless an overt act that furthers the conspiracy is done by the individual or a co-conspirator.

Generally, if a person conspires to commit a felony, he/she is guilty of a class 6 felony. If a person conspires to commit a misdemeanor, he/she is guilty of a class 3 misdemeanor.

Criminal Solicitation

Under Colorado law, a person can be held criminally liable for an act they merely encouraged another to commit.

A person can be charged with criminal solicitation if they command, induce, or otherwise attempt to persuade another to commit a felony, so long as the individual’s intent to commit the offense can be corroborated.

• Criminal solicitation to commit a class 1 felony constitutes a class 2 felony.
• Criminal solicitation to commit a class 2 felony constitutes a class 3 felony.
• Criminal solicitation to commit a class 3 felony constitutes a class 4 felony.
• Criminal solicitation to commit a class 4 felony constitutes a class 5 felony.
• Criminal solicitation to commit a class 5 or 6 felony constitutes a class 6 felony.

If you are convicted, all types of attempt, solicitation and conspiracy charges can negatively impact your life. To give yourself the best possible chance of preserving your freedom and protecting your rights, it is essential that you talk to one of the experienced defense attorneys at Decker & Jones as soon as you are charged or if you believe you may be charged.