In Alabama, criminal charges can arise even if a crime is not completed. These are known as inchoate crimes, which involve actions that are preliminary steps toward an offense. Though incomplete, such acts are viewed seriously under state law and can result in significant legal consequences.
Understanding Alabama’s approach to these offenses is important because the penalties can be substantial, even if no direct harm occurs. This article outlines how Alabama law addresses inchoate crimes.
Legal Elements Under Alabama Law
Alabama law recognizes that actions short of a completed crime can threaten public safety and warrant criminal liability. For an act to be an inchoate crime, two elements are required: criminal intent and a substantial step toward committing the target offense.
The prosecution must prove the individual acted with specific intent (mens rea) for the underlying crime. Accidental or negligent behavior does not meet this standard; the focus is on a conscious decision to pursue a criminal outcome.
Beyond intent, Alabama law requires a criminal act (actus reus). This act must be more than mere preparation or thought, representing a significant step towards the crime’s completion. The conduct must demonstrate the actor’s commitment to their criminal purpose.
Common Offenses
Alabama law defines several inchoate offenses, each with specific elements, addressing how an individual might progress towards committing a crime.
Attempt
A person commits an attempt in Alabama if, intending to commit a specific offense, they perform an overt act towards its commission. This act must be a substantial step beyond mere preparation. Criminal attempt is outlined in Alabama Code Section 13A-4-2.1Justia. Alabama Code § 13A-4-2 (2024) – Attempt.
For example, an individual intending burglary who is caught prying open a window has performed a sufficient overt act. The legal focus is on the actor’s intent and the tangible steps taken, regardless of the crime’s success or feasibility.
Solicitation
Criminal solicitation occurs when an individual, intending for another person to commit a crime, asks, commands, or tries to induce that person to do so (Alabama Code Section 13A-4-1).2Justia. Alabama Code § 13A-4-1 (2024) – Criminal Solicitation. The offense is complete upon solicitation, regardless of whether the solicited person agrees or acts.
For instance, offering someone money to commit an assault is solicitation if made with criminal intent. The communication itself is an important part, and the solicitor must have intended for the crime to occur.
Conspiracy
Criminal conspiracy involves an agreement between two or more people to commit a crime, plus an overt act by at least one conspirator to further that agreement, with the intent that the crime be performed (Alabama Code Section 13A-4-3).3Justia. Alabama Code § 13A-4-3 (2024) – Criminal Conspiracy Generally.
The agreement doesn’t need to be formal or written; a mutual understanding is enough. The overt act, not necessarily criminal itself, must be a step towards the conspiracy’s criminal goal. For example, buying ski masks after agreeing to rob a bank could be such an act.
Potential Penalties
Penalties for inchoate crimes in Alabama align with the severity of the intended offense. These incomplete offenses are classified one level below the target crime. For instance, an attempt to commit a Class A felony is treated as a Class B felony.
Felony convictions for inchoate crimes can lead to significant imprisonment.
- A Class A felony carries a sentence of life or 10 to 99 years.4Justia. Alabama Code § 13A-5-6 (2024) – Sentences of Imprisonment for Felonies. This minimum increases to 20 years if a firearm was used or if it was a sex offense involving a child.
- Class B felonies are punishable by 2 to 20 years. The minimum becomes 10 years if a firearm was used or if it was a sex offense involving a child.
- Class C felonies result in 1 year and 1 day to 10 years. If a firearm was used, the minimum is 10 years.
- Class D felonies carry sentences of 1 year and 1 day to 5 years.
However, an attempt, solicitation, or conspiracy to commit murder is classified as a Class A felony.
In addition to imprisonment, substantial fines can be imposed for felony inchoate crimes: up to $60,000 for Class A, $30,000 for Class B, $15,000 for Class C, and $7,500 for Class D.5Justia. Alabama Code § 13A-5-11 (2024) – Fines for Felonies. Courts may also levy fines up to double the defendant’s financial gain or the victim’s loss.
For misdemeanor inchoate crimes, penalties include: for Class A, up to one year in county jail and/or a $6,000 fine; for Class B, up to six months in jail and/or a $3,000 fine; and for Class C, up to three months in jail and/or a $500 fine.6Justia. Alabama Code § 13A-5-12 (2024) – Fines for Misdemeanors and Violations.
Violations can result in up to 30 days in jail and a $200 fine.7Justia. Alabama Code § 13A-5-7 (2024) – Sentences of Imprisonment for Misdemeanors and Violations. For misdemeanors and violations, fines can also be up to double the financial gain or loss.
Alabama law also includes provisions for enhanced penalties, such as for habitual felony offenders.8Justia. Alabama Code § 13A-5-9 (2024) – Habitual Felony Offenders – Additional Penalties. Some offenses may have specific felony classifications and penalties.
Possible Defenses
Several legal defenses can apply to inchoate crime charges in Alabama, depending on the case specifics.
Abandonment
Abandonment (or renunciation) is a defense. For criminal attempt, this applies if the defendant voluntarily and completely abandoned efforts to commit the crime or prevented its commission due to a genuine change of heart, not due to fear of detection or increased difficulty. For criminal conspiracy, a defendant may have a defense if they thwarted the conspiracy’s success by completely and voluntarily renouncing their criminal intent and actively preventing the crime.
Impossibility
Impossibility is a potential defense, but its application in Alabama is limited. Alabama law largely eliminates impossibility as a defense to attempt.9Alabama Judicial System. Alabama Code § 13A-4-2: Attempt (Judicial System Document) If a crime could have been committed had circumstances been as the defendant believed, it is not a defense that the crime was factually or legally impossible. The focus is on the defendant’s intent and actions.
Entrapment
Entrapment can be a defense if law enforcement or their agents induce someone to commit a crime they otherwise would not have. Under Alabama law, entrapment is a defense if government officials originated the criminal plan and persuaded an unwilling person to commit the offense.10Justia. Alabama Code § 13A-3-31 (2024) – Entrapment. A determining factor is whether the defendant was predisposed to commit the crime. If the government merely provided an opportunity for a predisposed individual, entrapment fails. The defense requires showing the crime’s idea originated with the government, not the defendant.