Published on 10/21/2025, 12:00:00 AM
What is an attempted crime in Maryland?
Attempt covers situations where someone is stopped short of completing a crime. The State still must prove real movement toward the offense, not just talk or planning. In plain terms, attempt means the person took a substantial step toward committing the crime and did so on purpose.
The two required elements
- Substantial step: conduct beyond mere preparation toward the specific crime.
- Specific intent: the person intended to commit that specific crime.
The State has to prove both beyond a reasonable doubt.
What counts as a substantial step
There is no single test for every case, but these types of actions are often used to show a substantial step when they strongly confirm a criminal purpose:
- Lying in wait or following a targeted person
- Luring someone to the planned location
- Scouting the scene in a suspicious way or at unusual times
- Unlawful entry into a place where the crime is planned
- Possession of special materials that serve no lawful purpose under the circumstances
- Gathering or making materials at or near the location, with no lawful purpose
- Using an innocent third party to carry out part of the crime
Courts look for conduct that clearly moves past planning and strongly backs up the alleged goal.
Intent for attempt
Attempt requires a specific intent to commit the underlying crime. Even if the completed offense would not always require intent, attempt does. The State must prove the person aimed to bring about that specific result.
Impossibility defenses
- Factual or physical impossibility is not a defense. If the person believed the plan could work and took a substantial step, the charge can still stand.
- Legal impossibility can be a defense. If the facts, even if completed as planned, would not be a crime under Maryland law, there is no attempt. For example, if an essential legal element is missing, the attempt charge fails.
Crimes that typically do not have an attempt version
Offenses that do not require intent usually do not exist in the attempt form. Attempt is built around specific intent.
Penalties for attempt in Maryland
Attempt is a common law misdemeanor, but the penalty is tied to the underlying offense. The maximum punishment cannot exceed the maximum for the completed crime.
Defenses to attempted crimes
- No substantial step: the conduct was only preparation, not action that firmly moved toward completion
- No specific intent: the State cannot prove the person meant to commit that exact crime
- Innocent purpose: items or actions had a lawful reason under the circumstances
- Legal impossibility: even if completed, the conduct would not be a crime
- Misidentification or lack of proof: the evidence does not show who acted or what they intended
How attempt fits common Maryland charges
Attempt often appears with charges like assault, robbery, and theft. The same two elements apply, but the facts differ case by case. For background on these offenses, see:
You can also review high-level context on Maryland crimes here:
What to do next
Attempt cases turn on details. Small facts can decide whether conduct was mere preparation, a substantial step, or proof of specific intent. Early legal advice helps protect your rights and preserves defenses. If you are facing an attempted crime in Maryland, speak with a lawyer right away.
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