Tennessee’s Laws on Criminal Attempt and Conspiracy

Tennessee's legal framework addresses various offenses that stem from criminal attempts and conspiracy. Understanding these laws is crucial for anyone navigating the judicial system or seeking knowledge about criminal acts in the state.

Criminal Attempt in Tennessee

Under Tennessee law, a criminal attempt occurs when an individual, with the intent to commit a specific offense, engages in actions that constitute a substantial step toward the completion of that offense. This is codified in Tennessee Code Annotated § 39-12-101. For an act to be deemed a criminal attempt, the individual must demonstrate a clear intention to carry out the crime while taking significant action towards its realization, but without ever fully completing the act.

For instance, if an individual plans to burglarize a property and begins to break in through a window but is caught before entering, they can still be charged with criminal attempt to commit burglary. The penalties associated with criminal attempt can vary depending on the classification of the intended offense. Generally, a criminal attempt is punishable as one degree lower than the crime attempted. For example, if the attempted crime is a Class A felony, the attempt would be treated as a Class B felony.

Conspiracy in Tennessee

Conspiracy laws in Tennessee, outlined in Tennessee Code Annotated § 39-12-103, involve an agreement between two or more individuals to engage in criminal conduct. To be charged with conspiracy, there must be an agreement to commit a specific crime, along with at least one overt act taken in furtherance of that agreement. Importantly, the crime that is the subject of the conspiracy does not have to be executed for conspiracy charges to apply.

For example, if two individuals agree to rob a bank and one of them buys a weapon to use in the robbery, they can both be charged with conspiracy, even if the bank robbery never takes place. Conspiracy is generally classified as a Class C felony in Tennessee, but the classification can increase if the crime that is the subject of the conspiracy is classified as a more serious offense.

Defenses Against Criminal Attempt and Conspiracy Charges

Defending against charges of criminal attempt or conspiracy can involve several strategies. One common defense is the lack of intent to commit the crime. If an individual can demonstrate that they had no intention of completing the crime, this may lead to a dismissal of the charges. Additionally, if the individual can show that they withdrew from the plan prior to any overt action, this may also be a viable defense.

For conspiracy, a defense could involve challenging the existence of an agreement among the parties. If it can be shown that the accused were not in agreement or that their actions did not further any criminal objective, this may negate the conspiracy charge.

Legal Consequences and Implications

The ramifications of being charged with criminal attempt or conspiracy can be significant. Beyond potential imprisonment and fines, a conviction can lead to a permanent criminal record, affecting various aspects of life, including employment opportunities and professional licensing.

It is essential for individuals facing such charges, or those associated with someone charged, to seek qualified legal counsel. An experienced attorney can provide guidance, evaluate the specifics of the case, and help form a strategic defense.

In summary, Tennessee’s laws on criminal attempt and conspiracy highlight the state’s focus on preventing criminal behavior, even before a crime is completed. Understanding these laws is vital for anyone involved in or studying the criminal justice system in Tennessee.