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The courts can charge Warfield with criminal attempt, specifically attempted robbery. The case satisfies the three elements of criminal attempt: specific intent, actions to commit and failure to commit the crime. Warfield and his friends had a specific intent of committing a robbery. They also took the necessary steps to commit the robbery by going into the victimís house, tying up and confining the children and were in the process of forcing her to open the safe containing her business proceeds. Lastly, they failed to commit the crime because of the sudden intrusion of the police.

Certain acts done in preparation of committing a crime are crimes themselves. The law refers to them as inchoate or incomplete crimes and includes attempt, solicitation and conspiracy.

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Criminal conspiracy happens when two or above individuals agrees to commit a crime. This charge charges a group of people planning to do an illegal activity. Unlike criminal attempt, a person can be charged for the actual crime, and the corresponding conspiracy to commit the crime. The elements of criminal conspiracy are agreement to commit crime, multiple people and an act to carry out the plan.

Criminal solicitation occurs when a person encourages, commands, or asks another person to commit a crime. Its main elements are the intent and act to have some other person commit a crime.

Available Defenses

Inchoate crimes have three defenses. Abandonment, which means a person, stops all actions towards the completion of the crime. For conspiracy, the person has to try to stop the act. Legal impossibility, which means the intentions do not constitute a crime. Factual impossibility means that the existing circumstances made completion of the crime impossible.

Warfield can call for factual impossibility in their defense as the existence of the police made completion of the act impossible.

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