Being charged with attempt to commit a crime in Massachusetts is serious — even if nothing actually happened. A conviction can mean prison time, a permanent record, and consequences that follow you for years.
Understanding what the law says, what the prosecution has to prove, and what defenses are available is the first step toward making good decisions about your case. With 15 years of combined legal experience, the Law Office of Matthew W. Peterson will explain that it is a serious matter.
What Does "Attempt to Comit a Crime" Mean Under Massachusetts Law?
Massachusetts General Laws Chapter 274, Section 6 makes it a crime to try to commit another crime, even when that crime was never completed. The law steps in the moment someone takes a real step toward an offense — not just when they finish it.
This means you can be charged, prosecuted, and convicted without anyone being harmed and without the underlying crime ever occurring. The attempt charge stands on its own.
What Does the Prosecution Have to Prove?
To secure a conviction for attempt, the Commonwealth must prove two things beyond a reasonable doubt.
1. Specific Intent
The prosecution must show that you had a clear, deliberate purpose to commit a particular crime. This is a high bar — recklessness or a bad decision in the moment is not enough. The Commonwealth needs to prove that you truly meant to do it.
Because intent lives in the mind, prosecutors typically build this case through your actions, your words, text messages, and the circumstances surrounding the event.
2. An Overt Act
The prosecution must also prove that you took an actual, physical step toward committing the crime — and that this step brought you “reasonably close” to carrying it out. Courts call this an “overt act.“
Thinking about a crime is not an overt act. Talking about it is not enough. Even early preparations may not qualify. The act has to be a genuine move toward making the crime happen — the kind of step that, if uninterrupted, would naturally lead to the crime being completed.
A good example from Massachusetts case law: a pickpocket who reaches into someone’s pocket with the intent to steal can be guilty of attempted larceny, even if the pocket turns out to be empty. The intent was there, and the act was close enough.
How Is Attempt Different From a Completed Crime?
The difference comes down to outcome. In a completed crime, every element happened. In an attempt, the defendant took a meaningful step but did not finish — either because they were stopped, something went wrong, or they walked away.
One important point: the fact that completing the crime was impossible does not automatically excuse an attempt. Massachusetts courts have held that a person can be guilty of attempted murder even if the gun was unloaded — as long as they pulled the trigger with the intent to kill.
Common Examples of Attempt Charges
Attempt charges can arise in almost any criminal case. Some situations where they come up most often:
- Attempted robbery — approaching someone with a weapon and demanding money, but being stopped before taking anything
- Attempted breaking and entering — being caught trying to pry open a door or window with the intent to steal
- Attempted assault — swinging at someone and missing, or being physically restrained before making contact
- Attempted larceny — concealing store merchandise and walking toward the exit before being stopped
- Attempted drug offense — trying to purchase drugs from an undercover officer
In each situation, the crime did not happen, but the law still allows for prosecution.
Penalties and Sentencing
Underlying Crime | Maximum Penalty | Classification |
Crime punishable by death | 10 years in state prison | Felony |
Crime punishable by life or 5+ years in state prison | 5 years state prison or 2½ years jail | Felony |
Crime punishable by less than 5 years or by fine | 1 year in jail or fine up to $300 | Misdemeanor |
Larceny under G.L. c. 266, § 30 | 2½ years in jail, fine, or both | Misdemeanor |
What About Bail and Pretrial Detention?
In cases involving serious attempt charges — particularly alleged violent crimes — the prosecution may ask a judge to hold you without bail through a dangerousness hearing under M.G.L. c. 276, § 58A. At that hearing, the judge considers whether you pose a danger to the community and whether any conditions could adequately protect the public. If the judge decides that no conditions are sufficient, you could remain in custody until the case is resolved.
This is one reason why having an attorney from the very start matters so much. The hearing happens early, and the outcome shapes everything that follows.
Other Consequences Worth Understanding
A conviction for attempt — depending on what was allegedly attempted — can trigger a range of consequences beyond sentencing.
Sex Offender Registration
If the alleged attempt involved a sex offense, a conviction could require registration with the Massachusetts Sex Offender Registry Board (SORB). The Board classifies offenders as Level 1, 2, or 3 based on its assessment of risk, and higher-level classifications involve public notification — including online posting of personal information.
Driver's License Consequences
Some attempted convictions, particularly those connected to drug offenses or operating under the influence, can lead to license suspension through the Registry of Motor Vehicles. The specific impact depends on the underlying charge.
Immigration Consequences
For anyone who is not a U.S. citizen, a criminal conviction for attempt can have life-changing immigration consequences. Even long-term lawful permanent residents can face removal proceedings based on certain convictions.
Attempt charges connected to crimes involving moral turpitude, drug offenses, or aggravated felonies can affect the ability to stay in the country, travel, renew status, or seek citizenship. If someone holds DACA or Temporary Protected Status (TPS), a felony conviction — as immigration law defines that term, which is often broader than Massachusetts law — can end that protection entirely.
Immigration consequences are often irreversible. It is important that the attorney handling a criminal case understands both dimensions.
Legal Defenses to Attempt Charges
Lack of Specific Intent
The prosecution must prove deliberate intent — not just bad judgment, not recklessness, not being in the wrong place at the wrong time. If the evidence does not clearly show that you intended to commit a specific crime, the attempt charge may not hold.
The Conduct Did Not Constitute an Overt Act
Even with evidence of intent, the prosecution still has to show that the conduct crossed the line from preparation into a genuine attempt. An experienced attorney can argue that what you did — whatever it was — was preparation that never reached the level the law requires.
Voluntary Abandonment
Massachusetts recognizes abandonment as a potential defense. If a person genuinely and completely chose to walk away from the plan — not because they got scared, were interrupted, or the circumstances changed, but because they decided on their own not to go through with it — that voluntary change of heart may provide a defense. This is a narrow defense, but it applies in the right circumstances.
Legal Impossibility
If the act you allegedly attempted is not actually a crime, even if you believed it was, legal impossibility can be a defense. For example, attempting to bribe someone who is not a public official, or trying to sell something you believed was stolen when it was not.
Challenging the Evidence
Much of what the prosecution uses to prove attempt — surveillance footage, text messages, witness statements, physical evidence, statements made to police — can be challenged. Evidence may have been gathered unlawfully, misinterpreted, or taken out of context. A careful review of what the Commonwealth actually has is one of the most valuable things a defense attorney can do.
The Role of Evidence in Attempt Cases
Because attempt charges focus on intent and proximity to a crime rather than the crime itself, the evidence can be complex and open to interpretation. Common types of evidence in these cases include:
- Surveillance footage showing actions connected to the alleged attempt
- Witness statements from bystanders, police, or victims
- Text messages, phone records, or social media
Physical items associated with the alleged conduct - Statements made by the defendant — including anything said to law enforcement
It is worth noting: anything said to police, even casually, can become evidence. That is why declining to answer questions until you have an attorney is always the right call.
Practical Steps If You Are Facing an Attempt Charge
Do not speak to police without an attorney. You have the right to remain silent, and using it is not an admission of guilt — it is a smart, legally protected decision.
Contact a criminal defense attorney as early as possible. The earlier an attorney is involved, the more options are available — from the bail hearing to how evidence is handled to how the case is framed from the start.
Write down everything you remember. Details about where you were, who was with you, and what actually happened can matter in ways that may not be obvious right now.
Understand that a charge is not the end of the story. The prosecution must prove its case beyond a reasonable doubt. That is a high standard, and you have rights throughout this process.
We Are Here to Help
At the Law Office of Matthew W. Peterson, we take the time to understand your situation — not just the legal facts, but everything going on around them. Attempt charges are complicated, the stakes are real, and the right approach matters.
If you need guidance or want to understand your legal options, the Law Office of Matthew W. Peterson is here to help. We have represented clients facing serious criminal charges and immigration matters connected to criminal cases. Call 617-295-7500 today to set up a strategy session.
This blog is for general informational purposes only and does not constitute legal advice. Every situation is different. Please contact our office to discuss the specific facts of your case.
