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Attempt in Arizona (A.R.S. §13-1001)

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Attempt in Arizona (A.R.S. §13-1001)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 200+ Miscellaneous Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Miscellaneous Crimes Victories!

Beware of Miscellaneous Crimes Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Miscellaneous Crimes Attorney and Miscellaneous Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Miscellaneous Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Attempt Crimes Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Attempt Crimes cases.

Every Major Felony Attempt Crimes case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Attempt Law Team in Arizona

How do you know who has the best Attempt Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Attempt in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Attempt Crime Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Attempt Crime Defense Team, DM Cantor.

David is a highly-skilled Attempt Defense Lawyer who knows the Attempt laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Attempt Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Attempt Crimes overview as to how the DM Cantor Phoenix Attempt Crimes Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Attempt. So whether you have a single Attempt charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Attempt Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Attempt Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Attempt charge.

What is Attempt in Arizona?

In Arizona, per A.R.S. §13-1001, “Attempt” occurs when a person acts with the kind of culpability otherwise required for the commission of a crime, and they intentionally engage in conduct which would constitute the crime; or they intentionally engage in a step or course of conduct planned to culminate the commission of a crime; or they engage in conduct intended to aide another in commission of a crime, although the offense is not committed or attempted by the other person. It is not a defense to the crime of “Attempt” to argue that it was impossible for the person to aid another in the commission of the offense if they could have accomplished it had the circumstances been what they believed them to be. In other words, if you think that you have marijuana that you are providing to somebody to sell, but it turns out that it is not marijuana (i.e., it is oregano), then you are still guilty of Attempting to Sell Drugs.

Possible Punishment for Attempt

attempt crime in ArizonaIf the attempted underlying offense is a class one (1) felony (i.e., Murder), then the “Attempt” can be charged as a class two (2) felony. For a first offense class two (2) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) years to thirty-five (35) years of incarceration.

If the attempted underlying offense is a class two (2) felony, then the “Attempt” can be charged as a class three (3) felony. For a first offense class three (3) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison range of two (2) years to eight and three quarters (8.75) years in prison. If the person has one (1) allegeable historical prior conviction then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration.

If the attempted underlying offense is a class three (3) felony, then the “Attempt” can be charged as a class four (4) felony. For a first offense class four (4) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is six (6) years to fifteen (15) years of incarceration.

If the attempted underlying offense is a class four (4) felony, then the “Attempt” can be charged as a class five (5) felony. For a first offense class five (5) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months to two and one half (2.5) years in custody. If the person has one (1) allegeable historical felony prior conviction, then the “prison only” range is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) allegeable historical felony prior convictions then the “prison only” range can is three (3) years to seven and one half (7.5) years of incarceration.

If the attempted underlying offense is a class five (5) felony, then the “Attempt” can be charged as a class six (6) felony. For a first offense a class six (6) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of four (4) months to two (2) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.

If the attempted underlying offense is a class six (6) felony, then the “Attempt” can be charged as a class one (1) misdemeanor. The range of punishment for a class one (1) misdemeanor is probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2500.00 plus an 84% surcharge.

If the attempted underlying offense is a class one (1) misdemeanor, then the “Attempt” can be charged as a class two (2) misdemeanor. A class two (2) misdemeanor carries a range of punishment of probation and up to four (4) months in jail. Additionally, a fine of $750.00 plus 84% surcharges can be imposed.

If the attempted underlying offense is a class two (2) misdemeanor, then the “Attempt” can be charged as a class three (3) misdemeanor. A class three (3) misdemeanor carries a range of punishment of probation with up to thirty (30) days in jail. In addition, a fine of up to $500.00 plus an 84% surcharge can be imposed.

Possible Defenses for Attempt

The main defenses to the crime of Attempt are the same defenses that would be utilized for the underlying crime itself. For your particular situation, you should find the underlying crime that you have been charged with (listed in this website) and “click” onto that section and review the “Possible Defenses” portion. Obviously, if you have a defense to the underlying crime, then you have a defense to the “Attempt” of the underlying crime.

The “Common Defenses” for Attempt, which an Attempt Lawyer may apply in any criminal case are numerous and diverse. One of most common defenses we encounter is a “Miranda rights Violation”. In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “Voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, “Denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/”cloning hard drive” procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Attempt Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in an Attempt case.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Attempt Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Attempt Attorneys know the system well.

Click here… if you have not been charged with Attempt yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Attempt lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Attempt Lawyers in Arizona know the system well.

The Collateral Consequences Of An Attempt Conviction

The effects of a Attempt conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Attempt Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Attempt Crimes, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Attempt Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Attempt Crimes Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Attempt Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Attempt Crimes Lawyers always offer free consultations for an initial visit with our Phoenix Attempt Crimes Defense Attorneys. We are often considered to be the “best Attempt Crimes Defense Lawyer”.

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