Can I be convicted of a crime if didn’t complete it?

Posted by Stone River Criminal Defense Team

Last Updated: February 17, 2025

An “attempt” to commit an offense is the most common “inchoate” (or incomplete) crime. Solicitation and conspiracy are also considered inchoate crimes. In cases involving attempt, solicitation, or conspiracy, criminal penalties can apply even if the intended offense is not carried out or completed. Solicitation and conspiracy differ from an attempt in that both can […]
attorney meeting with client at desk

An “attempt” to commit an offense is the most common “inchoate” (or incomplete) crime. Solicitation and conspiracy are also considered inchoate crimes.

In cases involving attempt, solicitation, or conspiracy, criminal penalties can apply even if the intended offense is not carried out or completed. Solicitation and conspiracy differ from an attempt in that both can be charged based solely on plans or requests to commit an offense. In contrast, an attempt requires taking action toward the actual commission of the intended act.

A criminal attempt in Utah involves two key elements. First, the individual must have the specific intent to carry out the act. Second, they must take a “substantial step” toward the actual commission. A step is considered to be substantial if it is strongly corroborative of the actors intent to commit the underlying crime.

Depending on the circumstances, the penalties for an inchoate crime can be almost or equally as serious as completion of the underlying crime. For example, both murder and attempted murder can be charged as first-degree felonies.

(NOTE: This is an area of developing law in Utah. As of 2022, the Utah Court of Appeals has issued an opinion that significantly expands the range of conduct that can support an attempt charge. Consultation with an experienced attorney is strongly advised.)

Originally Published: April 17, 2023

How can we help you?

Call us at 801-448-7451, or use this contact form.

    Related Articles

    What to Expect at Your Stepparent Adoption Finalization Hearing
    Finalizing a stepparent adoption is s a joyful and memorable milestone. It formally recognizes a bond that’s already been built over time. If...
    August 25, 2025
    White-Collar Crimes: Power, Profit and Deceit
    "Money is a cruel mistress. Pay attention to her or she will leave you for someone else."
    August 19, 2025
    State v. Pham, 2016 UT App 105
    What evidence is sufficient to support a finding of serious bodily injury?
    August 19, 2025

    Ready to explore our other articles?