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WHAT IS ATTEMPTED CRIME IN NEVADA?
An attempt occurs when a person intentionally takes a direct, unequivocal step toward committing a crime but does not complete it. Nevada punishes attempts at roughly half the penalty of the completed offense.
WHAT THE PROSECUTION MUST PROVE
To convict you of Attempted Crime in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant intended to commit a specific crime
The defendant took a direct, unequivocal step toward committing that crime
The crime was not completed
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR ATTEMPTED CRIME IN NEVADA
Attempt (Category A Felony)
Punished as Category B felony.
Attempt (Category B Felony)
Punished as Category C felony.
Attempt (Category C or D Felony)
Punished as Category D felony.
Attempt (Gross Misdemeanor)
Punished as misdemeanor.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending attempted crime charges
The line between 'mere preparation' and an 'attempt' is one of the most contested issues in criminal law. Buying a weapon is preparation. Walking toward a target with that weapon may be an attempt. The facts matter enormously.
Voluntary abandonment can be a defense — if you freely and voluntarily abandoned the criminal purpose before completing the crime, you may have a defense to the attempt charge.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO ATTEMPTED CRIME
Every case is unique, but these are the defenses most commonly raised in attempted crime cases in Nevada:
Mere preparation — no direct step toward the crime
Voluntary abandonment of the criminal purpose
Lack of intent to commit the underlying crime
Factual impossibility (limited defense in Nevada)