18-2-101 CRS – Criminal Attempt – Colorado Law & Penalty

18-2-101 CRS is the Colorado statute that defines criminal attempt. This is when a person, with the requisite intent to commit a crime, takes a substantial step towards committing the crime, but fails to complete the criminal act.

In most cases, the penalty for a criminal attempt is one class of offense lighter than punishment for the completed crime.

To help you better understand criminal attempt sentencing, our Denver Colorado criminal defense lawyers will discuss:

• 1. What is “criminal attempt”?
• 2. Punishment
  • 2.1. Attempted drug crimes
  • 2.2. Attempt to commit a Colorado petty offense
  • 2.3. Attempt to commit a Colorado misdemeanor
  • 2.4. Attempt to commit a Colorado felony
  • 2.5. Attempt to escape confinement
• 3. Defense Strategies

In Colorado, if you try to commit a crime, but fail, you are guilty of criminal attempt.

1. What is “criminal attempt”?

The definition of criminal attempt is set forth in section 18-2-101 of the Colorado criminal code. 18-2-101 (1) C.R.S. reads that:

A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense. A substantial step is any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense. Factual or legal impossibility of committing the offense is not a defense if the offense could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.

You also commit criminal intent when you aid someone else (conspire) in committing conduct that would constitute complicity under 18-1-603 C.R.S.:

A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in planning or committing the offense.

Thus you are liable for a criminal attempt if your conduct would have amounted to complicity had the crime been successful — even if the other person never actually commits or attempts to commit the offense.

And if the crime would have constituted a Colorado “crime of violence,” then attempting to commit it is also considered a violent crime.¹

2. Punishment

2.1. Attempted drug crimes

In general, criminal attempt to commit a Colorado level 1 drug misdemeanor or Colorado level 2 drug misdemeanor is a level 2 drug misdemeanor.

Except as otherwise provided by law, criminal attempt to commit a Colorado level 1 drug felony is a level 2 drug felony; criminal attempt to commit a Colorado level 2 drug felony is a level 3 drug felony; criminal attempt to commit a Colorado level 3 drug felony is a level 4 drug felony; and criminal attempt to commit a Colorado level 4 drug felony is a level 4 drug felony.²

For more information on specific drug felony sentencing, please see our articles on specific Colorado felony drug crimes.

2.2. Attempt to commit a Colorado petty offense

Attempt to commit a Colorado petty offense is punished the same way as if the crime had been successful.³ Consequences can include:

• A fine of up to $300, and/or
• 10 days in jail.⁴

2.3. Attempt to commit a Colorado misdemeanor

Criminal attempt to commit a class 1 misdemeanor or a class 2 misdemeanor is a class 2 misdemeanor.⁵ The base penalty for a class 2 misdemeanor is:

• 120 days in jail, and/or
• A fine of $750⁶

2.4. Attempt to commit a Colorado felony

Other than class 6 felonies or crimes for which no penalty is specifically provided, criminal attempt to commit a Colorado felony lowers the base class of the crime by one.⁷

In other words, criminal attempt to commit a Colorado class 1 felony is a Colorado class 2 felony; criminal attempt to commit a class 2 felony is a Colorado class 3 felony; criminal attempt to commit a class 3 felony is a Colorado class 4 felony; criminal attempt to commit a class 4 felony is a Colorado class 5 felony; and criminal attempt to commit a class 5 felony is a Colorado class 6 felony.

Criminal attempt to commit a class 6 felony or a felony for which no penalty is specifically provided is a class 6 felony.

For more information on felony sentencing, please see our articles on specific Colorado felony crimes, such as Colorado attempted murder.

2.5. Attempt to escape confinement

Attempt to escape custody, Colorado 18-8-208.1 C.R.S., is punished the same way whether or not you succeed.⁸

Attempted escape can be charged as a petty offense, a misdemeanor or a felony, depending on what you were in jail or prison for.

3. Defense Strategies

Defenses to criminal attempt include all available defenses to the specific crime you are accused of attempting.

Additionally, it is an affirmative defense to criminal attempt charges that:

• You abandoned your effort to commit the crime, or
• You otherwise prevented the commission of the crime.

The burden is on you to prove that you did one of these two things under circumstances manifesting the complete and voluntary renunciation of criminal intent.

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330

Arrested in Nevada? See our Nevada attempt crimes article.

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