Inchoate Crimes in Alabama: Attempt, Conspiracy, and Penalties
Explore how Alabama law addresses incomplete criminal acts, focusing on legal thresholds, intent, and associated consequences.
Criminal law in Alabama addresses not only completed crimes but also actions taken toward committing an offense, even if the final crime does not occur. These preliminary actions are known as inchoate offenses. Individuals can face significant legal consequences for conduct that falls short of a completed crime, highlighting the importance of understanding how Alabama law treats criminal intent and preparation.
Attempt
In Alabama, a criminal attempt occurs when a person intends to commit a specific crime and takes a direct step towards carrying it out, but the crime remains incomplete. According to Alabama Code Section 13A-4-2(a), liability for attempt requires both the specific intent to commit the target crime and an “overt act” towards its commission.1FindLaw. Alabama Code Title 13A, Chapter 4, § 13A-4-2 Attempt Simply planning or thinking about a crime is insufficient; a tangible action is necessary.
This “overt act” must represent more than mere preparation. It needs to be a “substantial step” – a clear action that strongly indicates the individual was actively trying to execute the crime and would likely have completed it if not interrupted. The action must corroborate the person’s intent to commit the specific offense they are accused of attempting.
Alabama law, in Section 13A-4-2(b), specifies that it is generally not a defense if completing the crime was factually or legally impossible under the circumstances, as long as the crime could have been committed if the circumstances were as the person believed them to be. For example, attempting to pick an empty pocket is still attempted theft if the perpetrator believed it contained valuables, because the intent and the overt act (reaching into the pocket) were present. The focus remains on the individual’s intent and actions, not on unforeseen factors preventing completion.
Conspiracy
Alabama law also criminalizes agreements between two or more people to commit a crime, known as criminal conspiracy. Under Alabama Code Section 13A-4-3(a), a person is guilty of conspiracy if they intend for a crime to occur and agree with others to engage in or cause the conduct constituting that crime.2FindLaw. Alabama Code Title 13A, Chapter 4, § 13A-4-3 Criminal Conspiracy Generally The agreement itself is central to the offense, representing a shared criminal purpose.
Generally, the agreement alone is not enough. Section 13A-4-3(a) also requires that at least one conspirator performs an “overt act” to advance the goal of the agreement. This act demonstrates that the conspiracy has moved beyond discussion toward execution. The overt act need not be illegal itself but must be a step taken to further the criminal objective, such as acquiring tools needed for the planned crime.
Conspiracy liability can extend to individuals who were not part of the initial agreement. Section 13A-4-3(b) states that if a person agrees with someone they know, or should reasonably know, has conspired or will conspire with others toward the same criminal goal, they are considered part of the larger conspiracy. This applies even if the participants do not know each other, linking individuals in broader criminal networks through their shared objective.
Solicitation
Criminal solicitation involves encouraging or inducing another person to commit a crime. As defined in Alabama Code Section 13A-4-1(a)(1), a person commits solicitation if, with the specific intent that another person commit a crime, they ask, command, or otherwise urge that person to do so.3FindLaw. Alabama Code Title 13A, Chapter 4, § 13A-4-1 Criminal Solicitation The offense centers on the communication aimed at instigating criminal action by another party.
The solicitor must genuinely intend for the solicited crime to be carried out. The crime of solicitation is typically complete once the communication is made with the required criminal intent, regardless of whether the solicited person agrees to or carries out the crime. The focus is on the solicitor’s effort to cause a crime.
Alabama law includes an important safeguard in Section 13A-4-1(a)(2): a conviction for solicitation cannot rest solely on the uncorroborated testimony of the person allegedly solicited. Additional evidence supporting the solicitation and the defendant’s intent is required.
Furthermore, Section 13A-4-1(d) clarifies that it is not a defense if the person solicited was legally unable to commit the crime (due to factors like age or mental state) or unaware of its criminal nature. Similarly, under Section 13A-4-1(e), it is not a defense if the solicitor belongs to a class legally incapable of committing the target offense. Culpability rests on the solicitor’s intent and actions. Even if the solicited crime is completed, the solicitation charge itself may still stand, although Section 13A-4-5(b) generally prevents conviction for both solicitation and the completed crime arising from the same conduct.
Potential Penalties
Convictions for inchoate offenses like attempt or conspiracy in Alabama carry penalties linked to the severity of the intended crime. The state’s sentencing framework, found in Title 13A of the Alabama Code, classifies offenses and sets punishment ranges.
For criminal attempt, Section 13A-4-2(d) generally classifies the offense one level below the target crime. Attempting a Class A felony (except murder) is a Class B felony; attempting a Class B felony is a Class C felony; attempting a Class C felony is a Class D felony; and attempting a Class D felony is a Class A misdemeanor.
Attempted murder is a significant exception. Under Section 13A-4-2(d)(1), it is classified as a Class A felony, the same level as murder itself, reflecting the seriousness of actions taken with intent to kill.
The penalty structure for criminal conspiracy, outlined in Section 13A-4-3(g), largely mirrors that of attempt. Conspiracy is typically punished one classification lower than the target offense. For example, conspiring to commit a Class B felony is a Class C felony. As with attempt, conspiracy to commit murder is an exception, classified as a Class A felony under Section 13A-4-3(g)(1).
The specific sentences depend on the felony or misdemeanor classification. According to Alabama Code Section 13A-5-6, potential prison terms are:4FindLaw. Alabama Code Title 13A, Chapter 5, § 13A-5-6 Sentences of Imprisonment for Felonies
Class A felony: 10 to 99 years, or life.
Class B felony: 2 to 20 years.
Class C felony: 1 year and 1 day up to 10 years.
Class D felony: 1 year and 1 day up to 5 years.
Misdemeanors involve shorter jail terms and potential fines as detailed in Sections 13A-5-7 and 13A-5-12. Alabama Code Section 13A-4-5 generally prevents an individual from being convicted of both an inchoate crime (like attempt or conspiracy) and the completed target offense based on the same course of conduct.
