Ala. Code
Code of Alabama

Ala. Code § 13A-4-2 (2026)

Attempt.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he or she does any overt act towards the commission of the offense.

(b) It is no defense under this section that the offense charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if the offense could have been committed had the attendant circumstances been as the defendant believed them to be.

(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of this criminal intent, he or she avoided the commission of the offense attempted by abandoning his or her criminal effort and, if mere abandonment is insufficient to accomplish such avoidance, by taking further and affirmative steps that prevented the commission thereof. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.

(d) An attempt is a:

(1) Class A felony if the offense attempted is murder.

(2) Class B felony if the offense attempted is a Class A felony.

(3) Class C felony if the offense attempted is a Class B felony.

(4) Class D felony if the offense attempted is a Class C felony.

(5) Class A misdemeanor if the offense attempted is a Class D felony.

(6) Class B misdemeanor if the offense attempted is a Class A misdemeanor.

(7) Class C misdemeanor if the offense attempted is a Class B misdemeanor.

(8) Violation if the offense attempted is a Class C misdemeanor.

(Acts 1977, No. 607, p. 812, §1005; Act 2023-461, §1.)

Notes of Decisions
Cited in 166 cases (21 in the last 5 years), 1981–2026 · leading case: McNabb v. State, 887 So. 2d 929 (Ala. Crim. App. 2003).
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McNabb v. State, 887 So. 2d 929 (Ala. Crim. App. 2003). · cites it 4× “Therefore, section 13A-4-2 reads: `A person is guilty of an attempt to commit a crime, if, with the intent to commit such a specific offense, he does any overt act towards the commission of such offense.”
Joe Marsh, Leroy Owens v. Butler Cnty., Alabama, the Butler Cnty. Comm'n, 268 F.3d 1014 (11th Cir. 2001). “Ala Code § 13A-4-2 (2001) defines attempt as follows: (a) a person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense.”
Cockrell v. State, 890 So. 2d 174 (Ala. 2004). · cites it 6× “" Whether Alabama's legislative scheme embraces application under the attempt statute (§ 13A-4-2, Ala.Code 1975) of the doctrine of transferred intent as codified in § 13A-6-2 is the crux of the question.”
Williams v. State, 710 So. 2d 1276 (Ala. Crim. App. 1996). · cites it 2× “[2] In case CC-92-1554, he was charged with and convicted of the offense of attempted murder of Jeffery Carr, a violation of § 13A-4-2 and § 13A-6-2. [3] In case CC-92-1555, he was charged with and convicted of the offense of attempted murder of Brad Barber, also a violation of…”
Harris v. State, 580 So. 2d 33 (Ala. Crim. App. 1990). · cites it 7× “Thus, the State presented sufficient evidence to support the appellant's conviction.”
White v. City of Athens, 169 F. Supp. 3d 1254 (N.D. Ala. 2016). · cites it 4× “Code § 13A-10-129, Ala. Code § 13A-4-2, and Ala. Code § 13A-4-3.”
United States v. Raymon Marquell Harris, 941 F.3d 1048 (11th Cir. 2019). · cites it 2× “” Ala. Code § 13A-4-2(a) (emphasis added). Thus, 11 Case: 18-11513 Date Filed: 10/29/2019 Page: 12 of 20 since Harris pled guilty to the crime of attempt, he must have intended to commit a first-degree assault and taken an intentional, overt act towards committing the assault in…”
Preskitt v. Lyons, 865 So. 2d 424 (Ala. 2003). · cites it 3× “"Extortion in the Second Degree is a class C felony and, therefore, pursuant to § 13A-4-2(d) [Ala.Code 1975], attempted extortion would be a Class A misdemeanor.”
State v. Borbon, 706 P.2d 718 (Ariz. 1985). · cites it 2× “…may result in six to thirty years in Arkansas (Ark.Stat.Ann. §§ 41-703, -901, -2102), two to twenty years in Alabama (Ala. Code §§ 13A-4-2, 13A-5-6, 13A-8-41), twenty-five years in Iowa ( Iowa Code §§ 711.2 , 813.1, 902.9), two and one-half to twenty-two and one-half years…”
Shanklin v. State, 187 So. 3d 734 (Ala. Crim. App. 2014). · cites it 2× “Code 1975, and one count of attempted murder for attempting to cause the death of Ashley Crumpton (“Ashley”), Michael’s wife, see §§ 13A-4-2 and 13A-6-2, Ala.Code 1975. During the penalty phase - of Shanklin’s trial, the jury, by a vote of 12 to 0, recommended that Shanklin be…”
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). “Section 13A-4-2(d)(2), Ala.Code 1975, provides that an attempt to commit a Class A felony is a Class B felony.”
Gholston v. State, 620 So. 2d 719 (Ala. 1993). · cites it 2× “See § 13A-4-2(d)(4) (if the offense attempted is a Class C felony, the attempt is a Class A misdemeanor).”
Show all 166 citing cases →
— Ala. Code § 13A-4-2(a) — 34 cases
United States v. Raymon Marquell Harris, 941 F.3d 1048 (11th Cir. 2019). “” Ala. Code § 13A-4-2(a) (emphasis added). Thus, 11 Case: 18-11513 Date Filed: 10/29/2019 Page: 12 of 20 since Harris pled guilty to the crime of attempt, he must have intended to commit a first-degree assault and taken an intentional, overt act towards committing the assault in…”
McNabb v. State, 887 So. 2d 929 (Ala. Crim. App. 2003). “Therefore, section 13A-4-2 reads: `A person is guilty of an attempt to commit a crime, if, with the intent to commit such a specific offense, he does any overt act towards the commission of such offense.”
United States v. Pantle, 637 F.3d 1172 (11th Cir. 2011).
Cockrell v. State, 890 So. 2d 174 (Ala. 2004). “" Whether Alabama's legislative scheme embraces application under the attempt statute (§ 13A-4-2, Ala.Code 1975) of the doctrine of transferred intent as codified in § 13A-6-2 is the crux of the question.”
Freeman v. State, 555 So. 2d 196 (Ala. Crim. App. 1988).
— Ala. Code § 13A-4-2(b) — 3 cases
Ex Parte Walls, 711 So. 2d 490 (Ala. 1997).
State v. Rios, 409 So. 2d 241 (Fla. 3d DCA 1982).
Rhodes v. State, 686 So. 2d 1288 (Ala. Crim. App. 1996).
— Ala. Code § 13A-4-2(c) — 5 cases
Spears v. State, 402 So. 2d 1073 (Ala. Crim. App. 1981).
J.A.P. v. State, 853 So. 2d 264 (Ala. Crim. App. 2001).
Wheeler v. State, 570 So. 2d 876 (Ala. Crim. App. 1990).
JAP v. State, 853 So. 2d 264 (Ala. Crim. App. 2001).
Lee v. State, 540 So. 2d 802 (Ala. Crim. App. 1988).
— Ala. Code § 13A-4-2(d) — 4 cases
Preskitt v. Lyons, 865 So. 2d 424 (Ala. 2003). “"Extortion in the Second Degree is a class C felony and, therefore, pursuant to § 13A-4-2(d) [Ala.Code 1975], attempted extortion would be a Class A misdemeanor.”
Spears v. State, 402 So. 2d 1073 (Ala. Crim. App. 1981).
Ex parte Mary Jacque Bell., 164 So. 3d 1121 (Ala. 2014).
Love v. State, 455 So. 2d 96 (Ala. Crim. App. 1984).
— Ala. Code § 13A-4-2(d)(1) — 2 cases
Tyreese Nikita Crayton v. State of Alabama (Ala. Crim. App. 2023).
Jeffery Bernard Harris v. State of Alabama (Appeal from Dallas Circuit Court: CC-18-148) (Ala. Crim. App. 2024).
— Ala. Code § 13A-4-2(d)(2) — 2 cases
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). “Section 13A-4-2(d)(2), Ala.Code 1975, provides that an attempt to commit a Class A felony is a Class B felony.”
Wright v. State, 420 So. 2d 823 (Ala. Crim. App. 1982).
— Ala. Code § 13A-4-2(d)(3) — 3 cases
Singleton v. State, 209 So. 3d 529 (Ala. Crim. App. 2015).
Ex parte Ronald Eugene Hollander, Jr., 164 So. 3d 1123 (Ala. 2014).
Brandon Deshawn Webster v. State of Alabama (Appeal from Montgomery Circuit Court: CC-22-148) (Ala. Crim. App. 2025).
— Ala. Code § 13A-4-2(d)(4) — 7 cases
Preskitt v. Lyons, 865 So. 2d 424 (Ala. 2003). “"Extortion in the Second Degree is a class C felony and, therefore, pursuant to § 13A-4-2(d) [Ala.Code 1975], attempted extortion would be a Class A misdemeanor.”
Gholston v. State, 620 So. 2d 719 (Ala. 1993). “See § 13A-4-2(d)(4) (if the offense attempted is a Class C felony, the attempt is a Class A misdemeanor).”
Steele v. State, 911 So. 2d 21 (Ala. Crim. App. 2004).
White v. State, 227 So. 3d 541 (Ala. Crim. App. 2016).
Russell v. State, 428 So. 2d 126 (Ala. Crim. App. 1982).
— Ala. Code § 13A-4-2(d)(l) — 5 cases
Gholston v. State, 620 So. 2d 719 (Ala. 1993). “See § 13A-4-2(d)(4) (if the offense attempted is a Class C felony, the attempt is a Class A misdemeanor).”
Ragland v. State, 40 So. 3d 763 (Ala. Crim. App. 2009).
Hudson v. State, 623 So. 2d 387 (Ala. Crim. App. 1993).
Shassere v. State, 455 So. 2d 192 (Ala. Crim. App. 1984).
Jones v. State, 150 So. 3d 166 (Ala. 2014).
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