(a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he or she does any overt act towards the commission of the offense.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felony10 years to lifeup to $60,000
Class B felony2 to 20 yearsup to $30,000
Class C felony1 to 10 yearsup to $15,000
Class D felony1 to 5 yearsup to $7,500
Class A misdemeanorup to 1 yearup to $6,000
Class B misdemeanorup to 6 monthsup to $3,000
Class C misdemeanorup to 3 monthsup to $500
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-6 and Ala. Code § 13A-5-7
criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Alabama Code 13A-4-2

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
(b) It is no defense under this section that the offense charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if the offense could have been committed had the attendant circumstances been as the defendant believed them to be.
(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of this criminal intent, he or she avoided the commission of the offense attempted by abandoning his or her criminal effort and, if mere abandonment is insufficient to accomplish such avoidance, by taking further and affirmative steps that prevented the commission thereof. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
(d) An attempt is a:

(1) Class A felony if the offense attempted is murder.
(2) Class B felony if the offense attempted is a Class A felony.
(3) Class C felony if the offense attempted is a Class B felony.
(4) Class D felony if the offense attempted is a Class C felony.
(5) Class A misdemeanor if the offense attempted is a Class D felony.
(6) Class B misdemeanor if the offense attempted is a Class A misdemeanor.
(7) Class C misdemeanor if the offense attempted is a Class B misdemeanor.
(8) Violation if the offense attempted is a Class C misdemeanor.
  Previous section
Next section  
 Chapter 4 Contents