According to the Massachusetts Trial Court, thousands of criminal charges are filed each year for crimes that were never completed, known as “inchoate” or attempted offenses. Many assume you must commit a “full crime” to be prosecuted. That’s not actually so in Massachusetts. If you take a clear step toward committing a crime, you can be charged, even if you don’t actually complete the criminal act.
These types of cases fall under attempted charges in Massachusetts. They cover situations where a person intended to commit a crime and took action toward it but failed or changed course. The attempt qualifies as a crime itself in these circumstances.
Whether it’s attempted theft, assault, or even attempted murder, these crimes carry serious consequences. In this article, we’ll walk through how Massachusetts defines attempted crimes, the evidence required to prove them, the possible penalties, and common legal defenses.
Massachusetts Law on Attempted Crimes
Under Massachusetts General Laws Chapter 274, Section 6, a person can be prosecuted for attempting to commit a crime even if the crime has not been completed.
Whoever attempts to commit a crime by doing any act toward its commission, but fails in its perpetration, may be punished… — M.G.L. c. 274, § 6
To convict someone of an attempted crime, the prosecution must show:
- Specific intent to commit a particular crime.
- An overt act toward completing that crime.
Thinking about committing a crime or making vague plans is not enough. You must have taken some sort of clear action to move the plan forward.
What Must Be Proven
1. Intent to Commit a Specific Crime
Massachusetts requires specific intent. This means the person planned to commit a particular crime, not just act recklessly or carelessly.
2. An Overt Act
There must be a direct, observable action that demonstrates the person moved toward committing the crime. This step must go beyond preparation and show a clear commitment to the act.
According to the Supreme Judicial Court, an attempt requires a specific intent to commit the crime and a direct act toward its commission.
Together, intent and action elevate behavior from a bad idea to a criminal offense.
Penalties for Attempted Crimes
The penalty for an attempted crime often depends on the underlying offense. In Massachusetts:
- If the attempted crime is punishable by life imprisonment (e.g., murder), the person may face up to 20 years in prison.
- For other crimes, the penalty for an attempt is usually up to half the maximum sentence of the completed offense.
For example, attempted robbery (where robbery carries a 20-year maximum) could lead to up to 10 years in prison.
The courts also consider aggravating factors, such as possession of a weapon or repeat offenses. Such factors may influence sentencing.
Common Examples
Attempted charges can apply to almost any criminal offense. However, they are most often seen in:
- Attempted theft (e.g., breaking into a car but not stealing anything)
- Attempted assault (e.g., swinging a weapon but missing)
- Attempted drug deals (e.g., arranging to sell drugs but caught before it happens)
These charges can be filed even if the victim wasn’t harmed or no property was taken.
Defenses Against Attempted Wits
There are several possible defenses, depending on the facts of the case. Some of the most common include:
Lack of Intent
Under Massachusetts law, an attempt requires specific intent—meaning the accused must have planned to commit a particular crime. If the prosecution cannot show that the person knowingly and deliberately tried to break the law, the attempt charge may not be valid.
For example, maybe someone was intoxicated or acting recklessly. However, they lacked the mental focus or goal of committing a crime. That may undercut the “intent” requirement. Mere presence at the scene or suspicious behavior isn’t enough.
Abandonment or Withdrawal
If a person voluntarily decides not to go through with the crime and takes steps to stop it, they may argue abandonment as a defense. But the abandonment must be:
- Voluntary (not because the police showed up or the plan failed), and
- Complete (not just a temporary pause).
For example, if someone considers a break-in but genuinely changes their mind and walks away without taking any unlawful steps, without pressure or fear of arrest, that may support this defense.
Impossibility
The impossibility defense applies when a person couldn’t actually commit the crime, even if they tried. It comes in two forms:
Factual Impossibility
This occurs when a person tries to commit a crime, but external circumstances make it impossible to complete. For example:
- Trying to pickpocket someone who doesn’t have a wallet.
- Attempting to buy drugs from an undercover officer.
The person believes they are committing a crime. However, given the circumstances, doing so would have been impossible.
Legal Impossibility
This is when the act that a person attempts isn’t illegal, even if they think it is. For example:
- Trying to sell something you believe is stolen when it’s not.
- Attempting to bribe someone who isn’t a public official.
Legal impossibility means the intended act wasn’t actually a crime. Factual impossibility means the crime couldn’t be completed because of outside factors.
Attempted crime vs. Completed crime: At a Glance
|
Element
|
Attempted crime |
Completed crime
|
| Intent Required |
Yes (specific to the crime)
|
Yes
|
| Completed Act |
No
|
Yes
|
| Legal Penalty |
Up to half the max penalty (most cases) |
Full statutory penalty |
| Examples |
Planned but failed robbery, assault, etc. |
Crime was fully committed |
FAQs About Attempted Charges in Massachusetts
What qualifies as an “attempt” under Massachusetts law?
An attempt involves both the intent to commit a crime and taking direct action toward it, even if the final act is never actually completed.
Can I be charged even if I stopped before completing the crime?
Yes. If you took meaningful steps toward the crime, you could still be charged—even if you later changed your mind.
How are attempted crimes punished compared to completed crimes?
Attempted crimes usually carry lesser sentences, often half the penalty of the completed offense, unless it involves a life felony.
Is it possible to fight an attempted charge in court?
Yes. A skilled defense attorney may challenge the prosecution’s evidence and intent or argue for defenses like abandonment of the prosecution’s responsibility.
Does attempted murder carry the same penalty as murder?
No. While serious attempted murder generally carries up to 20 years, murder may result in life imprisonment.
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Get Help With a Massachusetts “Attempted” Charges Case
Attempted charges in Massachusetts are serious and can carry long-term consequences, even if no harm occurred, and the prosecution hasn’t been completed. The law focuses on intent and actions, meaning the trial secures a conviction for trying alone.
Understanding how these charges work, what prosecutors must prove, and what defenses exist can help you or a loved one make informed decisions. If you’re facing attempted charges in Boston, Quincy, or nearby areas, you’re entitled to a qualified defense attorney who can help you protect yourself and build a strong legal strategy.
Riccio Law provides trustworthy defense across Massachusetts, with experience handling both attempted and completed criminal charges. Contact us today for a free consultation.
