California, United States of America
The following excerpt is from People v. Loya, F070246 (Cal. App. 2017):
When a defendant is charged with attempted murder, courts do not concern themselves with the niceties of the distinction between physical and legal impossibility. The focus is on the elements of the crime and the defendant's intent. Where the defendant has the requisite criminal intent but elements of the offense are lacking due to circumstances unknown to the defendant, he or she can only be convicted of attempt and not the substantive offense itself. (People v. Rizo (2000) 22 Cal.4th 681, 684-685.)
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