The Crime of Attempt in Georgia
StatuteWith intent to commit a specific crime, performs any act which constitutes a substantial step toward the commission of that crime. O.C.G.A. 16-4-1. May be convicted of attempt even if the crime attempted was completed, but may not be convicted of both attempt and the completed crime. O.C.G.A. 16-4-2.
DefenseAffirmative defense of abandonment requires that he abandoned his effort to commit the crime or in any manner prevented its commission under circumstances manifesting a voluntary and complete renunciation of his criminal purpose. Renunciation not voluntary and complete if avoided because of an increase possibility of detection or apprehension, criminal purpose becomes more difficult to accomplish, or decision made to postpone the act until another time. O.C.G.A. 16-4-5.
CaselawCommission means the act of committing, doing, or performing; the act of perpetrating. This is more than mere preparation; however, preparation can amount to attempt depending on the degree and circumstances. Wittschen v. State, 259 Ga. 448 (1989); Howell v. State, 157 Ga. App. 451 (1981). When charged with crime, can be convicted of attempt without being specifically charged with attempt in indictment. O.C.G.A. 16-4-3.?
PenaltyIf substantive offense is punishable by life imprisonment or death, then 1 to 30Y.
If felony, then 1 to A 1/2 the max of the substantive offense and/or A 1/2 the max fine.
If misdemeanor, then punished as Misdemeanor. O.C.G.A. 16-4-6.
If drug offense, then max penalty of the substantive offense. O.C.G.A. 16-13-33.32