Bucks County Defense to Criminal Attempt
We have previously discussed how "impossibility" is not a defense to criminal attempt and how a "substantial step" is required for the prosecution to prove criminal attempt. But, what happens if you decide that the entire idea is bad and you "quit" ?
18 Pa.C.S. § 901 (c) states,
(c) Renunciation.
(1) In any prosecution for an attempt to commit a crime, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant avoided the commission of the crime attempted by abandoning his criminal effort and, if the mere abandonment was insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof.
(2) A renunciation is not "voluntary and complete" within the meaning of this subsection if it is motivated in whole or part by:
(i) a belief that circumstances exist which increase the probability of detection or apprehension of the defendant or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or
(ii) a decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective.
Thoughts on Renunciation
So, if you voluntarily and completely renunciate the "idea" of committing the crime and do not participate, there is potential by your Bucks County criminal lawyer to defend against a criminal attempt in the Bucks County courts.
Keep in mind, however, that details matter. For example, a court held that the substantial steps that appellant took toward the commission of the crime of forging the sales slip supported a conviction on the attempt charge, despite the fact that defendant failed to sign the slip upon seeing a police officer enter the area. In so holding, the court rejected the asserted defense of renunciation and held that any failure to complete the forgery was motivated by the increased probability that defendant's crimes would be detected. Commonwealth v. Alexander, 722 A.2d 698. This case highlights that the renunciation has to complete and total.