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Example of Voluntary Abandonment as a Defense to Attempt

6 October, 2015 - 15:33

Review the example with Melissa and Matthew in . If Melissa changes her mind after purchasing the rat poison and talks Matthew out of poisoning the neighbor’s dog, Melissa has voluntarily abandoned the crime and cannot be charged with attempt. If Matthew changes his mind after coating the filet with rat poison and throws the filet away, Matthew has voluntarily abandoned the crime and cannot be charged with attempt. Note that both Melissa’s and Matthew’s actions are in the very early stages of the crime of destruction of property or animal cruelty and probably will be considered preparatory, rather than constituting the criminal act element required for attempt. When Melissa climbs over the fence, picks up the filet, and takes it back to her house for disposal, it is most likely too late to voluntarily abandon the crime. At this point, the crime of attempt has already been committed, and neither voluntary abandonment or factual impossibility can function as defenses.