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What Are Inchoate Crimes?

The word inchoate refers to something that is not fully formed or complete. In criminal law, an inchoate crime refers to an individual's unsuccessful attempts at carrying out an intended offense (also called the target offense). Although the person’s actions are not criminal in and of themselves, inchoate laws are in place to deter criminal behavior. The person need not complete the target crime to be charged and/or punished for the inchoate offense.

Inchoate crimes include attempt, solicitation, and conspiracy. For both attempt and solicitation, if the defendant is convicted of the target crime, they cannot also be charged with an inchoate offense. However, a person can be charged and convicted of both conspiracy to commit and the intended crime.

Criminal Attempt

Under Colorado Revised Statute 18-2-101(1), a person commits criminal attempt when they conduct an activity that is intended to complete another crime. Attempt can include offenses such as drug crimes, petty theft, or murder. To be convicted of criminal attempt, the individual must have had specific intent to commit a crime, took substantial steps in furtherance of the offense, and failed to complete the crime.

Criminal Solicitation

Under Colorado law, criminal solicitation is defined as an individual’s attempt to persuade another person to commit a felony, and the individual intends to “facilitate the commission of that crime.” The person who entreated the other individual could be charged with solicitation even if the other person did not actually carry out the criminal act.

Criminal Conspiracy

Criminal conspiracy requires that an individual agree with one or more other people to commit a crime. Additionally, at least one other person involved in the conspiracy must take an overt step to further the crime. 

Schedule a Free Consultation with David L. Owen, Jr., P.C.

If you have been accused of an inchoate crime, contact me, David L. Owen, Jr., for legal representation. With over 30 years of experience, I know how to navigate the criminal justice system and can develop effective legal defenses to fight the charges you are facing.

Call David L. Owen, Jr., P.C. at (303) 622-3281 or contact my firm online.