Mississippi law makes it a crime to attempt to commit a criminal offense. Under Mississippi criminal law,
Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, but shall be prevented from committing the same [is guilty of attempt]….
Mississippi Code Section 97-1-7.
The sentence for attempt in Mississippi depends on the crime that was attempted. If the crime attempted was a capital crime, such as the Mississippi capital murder or capital rape laws, then the potential sentence is ten (10) years in prison. For all other crimes, whether felonies or misdemeanors, the potential sentence is the same as the sentence for the crime that was attempted.
Mississippi’s attempt statute applies to all crimes under Mississippi law. Courts in Mississippi have specifically addressed attempt to commit the following offenses:
Sexual Battery; and
Under Mississippi law, in order to convict a person of attempt to commit a crime, the State must prove (1) that the defendant intended to commit a certain crime; (b) that the defendant took some action or did some type of act toward committing the crime; and (c) that the defendant failed to actually complete the crime.
If the crime is actually completed, then the defendant cannot be charged with attempt. See Mississippi Code Section 97-1-9.
Mississippi law provides many defenses to the charge of attempt. If you have been charged with attempt or any other crime, you need a Mississippi criminal lawyer to handle your case. Please contact me at 601.944.1984, or visit my Mississippi criminal defense website for more information.