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Inchoate crimes, also called incomplete crimes, are acts which involve the inclination to commit, or indirect participation in, a criminal offense. Because of the need to prevent crime, inchoate crimes were originally defined under common law as separate and distinct offenses. Inchoate crimes include attempt, conspiracy, and solicitation. Being an accessory or an accomplice to a crime are also inchoate criminal offenses.

Inchoate crimes used to be regarded as minor offenses, but today many inchoate offenses are considered serious crimes. Over time, society has given police and prosecutors greater authority in dealing with stubborn criminal activities, such as organized crime, white collar crime, and drug related offenses. This has shifted many inchoate offenses from misdemeanors to felony offenses.

The following are general rules about inchoate crimes:

1. A person cannot be charged with an inchoate offense and the actual crime. For example, you cannot be charged with attempted murder AND murder. You could only be charged with one or the other. The exception is conspiracy. You can be charged with drug trafficking and conspiracy to smuggle drugs, for example.

2. Lesser penalties are usually assigned for inchoate offenses, though the sentence for an inchoate crime may be equal to the penalties for the actually crime. For example, the penalties for solicitation of prostitution may be equal to the penalties for prostitution itself.

3. To be convicted of an inchoate crime, the prosecutor must prove that you had a specific intent (mens rea) to commit or contribute to the actual crime.

4. Inchoate crimes must involve some outward action or a substantial step in the completion of the crime. For example, just thinking inwardly about committing a crime does not constitute a criminal offense. Taking any action towards committing that crime may constitute an inchoate crime.

Attempt is the inchoate crime closest to actually carrying out the crime itself, while solicitation is the furthest removed. Attempt using involves trying to commit a crime but failing to complete the intended actions. Threats and challenges may also qualify as attempt.

Conspiracy involves agreeing to commit a crime. This crime can be charged in addition to the crime itself. For example, you can be charged with murder and conspiracy to commit murder. Conspiracy is a favorite prosecutorial weapon because it is relatively easy to obtain a conviction for conspiracy. It is important to have a strong defense in order to fight allegations of conspiracy.

Solicitation is the crime of asking another party to commit a crime. Even if the solicited party does not commit the crime, the asking party may be charged with solicitation. For example, a person who offers a bribe to a public official may be charged with solicitation even if the official did not accept the bribe.

Being an accessory or accomplice to a crime is similar to inchoate crimes because they do not involve the actual commission of the crime. Both accessory and accomplice involve knowingly and intentionally helping to facilitate the success of a crime. The person who actually commits a crime is called the principle. Those who help are called accomplices. For example the person with the gun to a teller's head collecting cash in a back robbery is the principle; the getaway car driver, lookout person, and other helpers are the accomplices. An accessory may help a principle or accomplices before or after a crime. For example, the person who knowingly shelters criminal offenders after the crime, to help them escape arrest, is an accessory after the fact.

Inchoate crimes are highly controversial and often challenging to litigate. If you or a loved one has been charged with one of these crimes, contact a qualified defense attorney in your area.

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