Attempted Violations Doctrine
The Attempted Violations Doctrine provides a framework for prosecuting individuals who try to commit a crime but fail to complete it, specifically when the penal code does not already account for such attempts.
For this doctrine to be applicable, two conditions must be met. First, the law the suspect attempted to violate must not already have a standalone "attempt" charge or include "attempt to commit" in its definition. Second, the crime must logically allow for the characterization of an "attempt." If these criteria are satisfied, the resulting sentence and associated fines for the attempted crime are reduced to fifty percent of what is prescribed for the completed offense.
Several key exemptions exist to prevent legal confusion or redundancy. Crimes like murder are excluded because "Attempted Murder" is already a defined, separate offense. Similarly, crimes such as resisting, evading, or eluding are excluded because applying the doctrine to them creates a logical paradox where every successful arrest for evasion could technically be argued as a "failed" attempt to evade. Additionally, all assault and battery codes are excluded because assault is legally categorized as the attempt to commit battery.