Charged with Attempt to Commit a Crime in Brockton? 

Get the Defense You Deserve.

Being accused of trying to commit a crime—even if nothing actually happened—can turn your life upside down. In Massachusetts, a charge of Attempt to Commit a Crime is treated seriously by prosecutors and judges alike. Depending on the underlying offense, you could be facing jail time, a permanent criminal record, and serious damage to your job, your reputation, and your future.

At DeGiacomo & Mikhlin, P.C., we defend individuals charged with Attempt to Commit a Crime in Brockton District Court and throughout Plymouth County. Whether you’re accused of attempting assault, theft, drug distribution, or any other offense, we know how to challenge the prosecution’s case and protect your rights at every step.

 What Is Attempt to Commit a Crime in Massachusetts?

Under M.G.L. c. 274 § 6, a person commits Attempt to Commit a Crime when:

1. They intend to commit a specific crime
2. They take a clear, overt step toward committing that crime
3. The crime is not completed, either because the person was interrupted, failed, or abandoned the act

This means you can be charged even if:

• No one was harmed
• The crime never actually occurred
• You changed your mind before finishing

The prosecution doesn’t need to prove that you succeeded—only that you intended to break the law and took a substantial step toward doing it.

Examples of Attempt to Commit a Crime Charges

In Brockton and nearby cities, we often see charges like:

• Attempt to Commit Assault and Battery
• Attempt to Commit Breaking and Entering
• Attempt to Commit Larceny or Shoplifting
• Attempt to Commit Armed Robbery
• Attempt to Commit a Sex Offense
• Attempt to Commit Fraud or Identity Theft

These charges can stem from everything from sting operations and online setups to bar fights, surveillance footage, or statements made during police interviews.

Penalties for Attempt to Commit a Crime in Massachusetts

The penalty for Attempt to Commit a Crime is usually based on the severity of the underlying offense:

• If the crime you’re accused of attempting is a felony, the attempt is often charged as a felony as well
• If the underlying offense is a misdemeanor, the attempt is typically a misdemeanor
• The maximum sentence for attempt is often equal to the punishment for the completed offense

For example:

• Attempted Assault and Battery: up to 2.5 years in jail
• Attempted Armed Robbery: up to life in prison

In some cases, the prosecution may file multiple charges, such as attempt and conspiracy, even if nothing ever happened.

How We Defend Attempt Charges

Attempt charges often rely heavily on interpretation—what someone intended to do, what their actions meant, and how far they really went. That gives us a lot of room to fight back.

We will work to show that:

• You did not have criminal intent
• You did not take a meaningful, overt step toward committing a crime
• Law enforcement misunderstood or exaggerated your actions
• You voluntarily abandoned the act before it was completed
• The charge is based on entrapment, mistake, or insufficient evidence

We also file motions to suppress unlawful searches, challenge the credibility of witnesses, and negotiate for reduced charges or case dismissal when appropriate.

Frequently Asked Questions About Attempt to Commit a Crime