What is the difference between preparation for the attempt and the actual attempt?

California, United States of America


The following excerpt is from People v. Clark, B284937 (Cal. App. 2019):

2. "'[B]etween preparation for the attempt and the attempt itself, there is a wide difference. The preparation consists in devising or arranging the means or measures necessary for the commission of the offense; the attempt is the direct movement toward the commission after the preparations are made.' [Citations.] '"[I]t is sufficient if it is the first or some subsequent act directed towards that end after the preparations are made."' [Citation.]" (People v. Superior Court (Decker) (2007) 41 Cal.4th 1, 8.) "'[W]henever the design of a person to commit crime is clearly shown, slight acts in furtherance of the design will constitute an attempt.' [Citations.]" (Ibid.)

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