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Wednesday, March 23, 2016

Attempt, you can be charged with attempting almost anything.


Missouri attempt question

Asked 32 minutes ago - Kansas City, MO
Practice area: Criminal Defense
In Missouri I noticed the law statutes some of them say the commission of this offense or attempt of this offense is a class felony. Others don't say anything about attempting does that mean you usually don't see attempted charges on those crimes.

ATTORNEY ANSWERS (1)



  1. Answered Missouri has a single broad statute that covers attempt of almost any crime. Some crimes there is no possibility of attempt, but most crimes you can. I will link the text of the statute below, it is a "catchall" to the non specific attempt statutes.
    564.011. 1. A person is guilty of attempt to commit an offense when, with the purpose of committing the offense, he does any act which is a substantial step towards the commission of the offense. A "substantial step" is conduct which is strongly corroborative of the firmness of the actor's purpose to complete the commission of the offense.

    2. It is no defense to a prosecution under this section that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the actor believed them to be.

    3. Unless otherwise provided, an attempt to commit an offense is a:

    (1) Class B felony if the offense attempted is a class A felony.

    (2) Class C felony if the offense attempted is a class B felony.

    (3) Class D felony if the offense attempted is a class C felony.

    (4) Class A misdemeanor if the offense attempted is a class D felony.

    (5) Class C misdemeanor if the offense attempted is a misdemeanor of any degree.

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