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What is the MA law about attempted crimes? If I tried to do something illegal but failed, can I got to jail for that?

Editor's Response

Possibly. As in most states, Massachusetts certainly prosecutes attempted crimes, but the answer to your question will depend heavily on the particular facts. Generally, the person has to intend to commit the crime and then take a "substantial step" toward the perpetration of the crime for there to be a prosecutable offense. For example, if you use a gun to try to shoot a person, but miss, you will be prosecuted for attempted murder.

On the other hand, if you buy a gun and bring it home with the intent of going to a person's home the next week to shoot them, but the following morning you hear from a friend that the person you intended to shoot has left town, that probably does not constitute attempted murder. As you can imagine, there are a hundred fact patterns in between these two that may or may not constitute an attempted crime.

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