Substantial Step as a Defense in Bucks County

I previously wrote about improper defenses to charges of criminal attempt.  Recall that claiming at the alleged crime was "impossible" to have been committed is not a defense.  But, if you really didn't do anything related to the crime and its attempt, you might have a good defense.  

A well-cited case is Commonwealth v. Melnyczenko of the Superior Court, which dealt with whether a person was loitering in an attempt to commit a burglary.  In essence, the court ruled, 

Under the Crimes Code, a person commits criminal attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime. 18 Pa. Cons. Stat. § 901(a). Compared to the prior "overt act" test, the Crimes Code definition broadens the scope of attempt liability by concentrating on the acts the defendant has done and does not any longer focus on the acts remaining to be done before actual commission of the crime.

I always liken these cases for attempt/conspiracy in the following way:  If I am shooting the breeze with friends at a bar in Lower Bucks County and someone says that we should rob a bank.  And, after a few beers, we discuss how we would rob a bank.  This is mere conjecture and not attempt.  If, however, the following day I go and buy a gun, duct tape, ski masks, etc., in anticipation of committing the crime, I am guilty of conspiracy/attempt as I took a "substantial step" to commit the robbery.