Phoenix Attempt Defense Attorney

In Arizona you can be convicted of a crime that never happened. Under A.R.S. § 13-1001, attempt covers intentionally taking any step in a course of conduct planned to end in a crime, or doing something that would be a crime if the facts were what you believed them to be. Think of an attempted burglary with no entry, a drug buy where no drugs changed hands, or an online sting where the "other person" was a police officer. Attempt cases turn on what you intended and what you actually did, and the state has to prove both beyond a reasonable doubt. Our Phoenix attempt defense lawyers handle attempt charges attached to the offenses we defend, in courts across Arizona.

Call Your Phoenix Attorney at 623-335-4014 for a free consultation, or learn how attempt fits within our broader Arizona criminal defense practice.

The state has to prove two things: that you intended to commit a specific offense, and that you took a step toward it as part of a plan to commit it. Arizona's statute says "any step," which is broader than the "substantial step" test many other states use. The state still has to connect what you did to a plan to commit the offense, and an attempt attorney in Phoenix will look closely at whether evidence like conversations, online searches or presence near a scene actually makes that connection.

Attempt is frequently charged alongside related inchoate offenses. If the allegation is that you helped someone else, see our Phoenix facilitation defense page; if drugs are involved, see Phoenix drug trafficking defense.

Under A.R.S. § 13-1001(C), attempt is classified one step below the offense that was attempted:

One class can be the difference between a prison range and probation eligibility, or between a felony and a misdemeanor on your record. That is why the charging decision and any plea offer in an attempt case deserve a close look. Some offenses have their own sentencing rules for attempt, including certain dangerous crimes against children, so always check the specific charge. For prison ranges by felony class, see our Arizona felony sentencing chart.

• Separate talk and bad timing from an actual step taken as part of a plan to commit the offense.
• Attack specific intent, which attempt always requires for the particular offense charged.
• Develop a renunciation defense under A.R.S. § 13-1005 where the plan was voluntarily and completely abandoned and the law's warning or prevention requirement can be met.
• Dismantle sting operations — inducement, predisposition evidence, and the reliability of recordings.
• Use the one-class reduction strategically in negotiations to protect probation eligibility.
• Prepare the case for trial from day one so the prosecutor negotiates against real risk.

Learn more about our approach on the About page, or start a free consultation now via the Contact page. For additional Arizona-specific statutes, see azleg.gov and the Arizona Judicial Branch.