A person commits the offense of criminal attempt when he/she performs any act which constitutes a substantial step toward the commission of a specific crime, with the intent to commit the crime. Factual or legal impossibility is not a defense to a charge of criminal attempt.

The sentence for criminal attempt depends on what the underlying criminal offense was. If the attempt was to commit a crime punishable by either death or by life imprisonment, criminal attempt carries 1-10 years. If the crime was a felony, the sentence can be between 1 year and 1/2 the maximum period of time for which the person could have been sentenced if he/she had been convicted of the crime attempted. A person convicted of the offense of criminal attempt to commit a misdemeanor shall be punished as for a misdemeanor, up to 1 year.

The offense of criminal solicitation occurs when a person solicits or requests another person to engage in conduct constituting a felony. A person convicted of the offense of criminal solicitation to commit a felony is facing 1-3 years imprisonment. If the solicited crime is punishable by death or by life imprisonment, the sentence is between 1-5 years.

A person commits the offense of conspiracy when he/she (1) conspires to commit any crime together with one or more persons, and (2) any one or more of such persons does any overt act in furtherance of the conspiracy. The crime of conspiracy to commit a felony carries a potential prison sentence of between 1 year and 1/2 the maximum period of time statutorily provided for the underlying crime. If the conviction is for conspiracy to commit a misdemeanor, the person faces up to a 1-year sentence. If the underlying crime is punishable by death or by life imprisonment, the sentence ranges between 1-10 years.

The law in Georgia was recently amended to increase the maximum punishments relating to criminal attempt, conspiracy, and solicitation, so it is important to have a knowledgeable criminal defense attorney represent you if you have been charged with one of these offenses.