Carolina Criminal Defense & DUI Lawyer UpdatesA Criminal Defense Deep Dive by Bill Powers, Board Certified Criminal Law Specialist (NBTA/NBLSC), Powers Law Firm, P.A. (Charlotte, NC)
As a criminal defense attorney in North Carolina, I am asked to explain the legal difference between planning a crime and attempting 
a crime. If you or a loved one face charges related to Criminal Attempt in NC, understanding this distinction can be fundamental to formulating an effective defense strategy. The difference is not merely academic. It is the line that separates a “thought crime” from a felony conviction. This distinction rests primarily on two fundamental concepts. those being the required intent and the overt act.
A recent opinion from the North Carolina Court of Appeals, State v. Vaughn, COA24-1089, provides an example of why a trial court’s failure to properly instruct a jury on these concepts may constitute reversible, prejudicial error. The case serves as a reminder that when the State seeks to convict a person of an attempt to commit a crime, the prosecution must prove a mental state more demanding than that required for the completed underlying offense.