In the United States, there are two ways that you can be charged with a crime. One way occurs when you actually complete the crime; the other method is when one is convicted of an inchoate crime, or an incomplete crime. Examples of inchoate crimes include solicitation, attempt and conspiracy.
The most serious inchoate crime is an attempted crime, which means that the perpetrator tried to commit the crime, but failed. For example, a drive-by shooting that misses the intended victim is an inchoate crime called attempted murder. Just because you do not succeed in your plans to commit a crime does not mean that you cannot be prosecuted.
The second most serious inchoate crime is conspiracy, which is more difficult to prove. In order to establish conspiracy, the prosecutor must have proof that two or more people conspired to commit a crime. Correspondence, such as letters, between the two people would constitute evidence if they discussed their plans to commit a crime in the letters. One can also be convicted of conspiracy if some step was made toward committing a crime. For example, obtaining the blueprints of a bank vault could implicate conspiracy to rob a bank.
And finally, solicitation is the least serious inchoate crime. Solicitation involves attempting to convince another individual to participate in an illegal activity. Prostitution is a prime example; if a man walks up to a woman in a bar and offers to pay her $100.00 to have sex with him, he can be found guilty of solicitation. Soliciting drug sales is another common solicitation offense.
It is not possible to be convicted of both an inchoate crime and an actual crime. For example, if you and your friend plot to kill an enemy, then actually succeed in the murder, you can’t be charged with both conspiracy and murder. You would be charged with the more serious of the offenses: murder.
In general, inchoate crimes are not punished as severely as for the actual crime, though often the decision resides with the judge. For example, a judge has the right to punish a man for soliciting a prostitute as severely as if he had actually committed the crime.
Sometimes, it can be difficult to prosecute an inchoate crime because in order for such a charge to be successful, the prosecutor must be able to prove intent (mens rea). Intent is the willful desire to commit the crime, and unless there is direct evidence to show it, the prosecutor might have a hard time. For example, if one individual threatens another, then purchases a handgun the very next day, the act of purchasing the weapon would be considered intent by some people, but not to others.
If you have been accused of an inchoate crime, your only real help will be found with an attorney who has experience in these types of cases. The litigation involved with inchoate crimes is complex, and almost impossible to defend on your own.
