ILEA Criminal Law Practice Exam – Complete Prep Resource

For an individual to be charged with attempt, the legal standard typically requires that the person take a substantial step beyond mere preparation toward committing a crime. This means that there must be clear actions taken by the individual that demonstrate they are moving forward with their intention to commit the crime, as opposed to merely planning or thinking about it.

This requirement serves to differentiate between mere thoughts or intentions and actual preparatory conduct that indicates a serious commitment to carrying out the criminal offense. A substantial step can include actions that directly correspond to the commission of the crime, which might involve acquiring tools, securing a location, or initiating the act itself in a way that clearly signals the intent to complete the act.

In contrast, simply having the intent to commit a crime, forming an agreement with others, or having witnesses are not sufficient grounds on their own to establish an attempt charge. Intent alone does not translate into a criminal charge without overt preparatory actions. Thus, the focus on a substantial step is a critical aspect of criminal attempt law, as it provides a necessary evidentiary threshold for prosecution.