Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-110 (2026)

Conviction for attempt although crime perpetrated

✓ current as of May 2026
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A person may be convicted of an attempt to commit a crime, although it appears upon the trial that the crime intended or attempted was perpetrated by the person in pursuance of such an attempt, unless the court, in its discretion, discharges the jury and directs the person to be tried for the crime.

Notes of Decisions
Cited in 27 cases, 1965–2007 · leading case: State Ex Rel. Brannan v. Williams, 171 P.3d 1248 (Ariz. Ct. App. 2007).
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State Ex Rel. Brannan v. Williams, 171 P.3d 1248 (Ariz. Ct. App. 2007). · cites it 30× “Nevertheless, the court concluded that A.R.S. § 13-110 (2001) deprives the courts of jurisdiction to try charges of attempted crimes when the underlying completed crimes are felonies.”
State v. Lammie, 793 P.2d 134 (Ariz. Ct. App. 1990). · cites it 4× “§ 13-110 reads: *380 A person may be convicted of an attempt to commit a crime, although it appears upon the trial that the crime intended or attempted was perpetrated by the person in pursuance of such an attempt, unless the court, in its discretion, discharges the jury and…”
State v. Angle, 720 P.2d 100 (Ariz. Ct. App. 1985). · cites it 4× “2d at 230-31 ; see also A.R.S. § 13-110. Since the jury could have found that Angle intended to assault his wife but failed because she was not apprehensive of injury, the instruction on attempted aggravated assault was proper.”
State v. Myers, 570 P.2d 1252 (Ariz. 1977). · cites it 2× “A.R.S. §§ 13-110, 13-453 and 13-643; State v.”
State v. Albe, 460 P.2d 651 (Ariz. Ct. App. 1969). · cites it 6× “(§ 13-110 A.R. S.) Defendant’s motion for new trial and motion in arrest of judgment were denied and defendant appeals.”
State v. Lenahan, 471 P.2d 748 (Ariz. Ct. App. 1970). · cites it 4× “Each of these complaints could have been remedied at the hearing prior to trial had they been found to be error, but trial now having resolved the ultimate questions, a reversal of the whole proceeding serves no function.”
State v. Cornish, 968 P.2d 606 (Ariz. Ct. App. 1998). · cites it 2× “Defendant, charged with aggravated assault by intentionally causing serious physical injury, was convicted only of attempting to cause serious physical injury.”
State v. Ferreira, 627 P.2d 681 (Ariz. 1981). · cites it 2× “The attempt counts all carry penalties of “one-half the longest term of imprisonment prescribed upon conviction of the offense so attempted,” A.R.S. § 13-110, which calculates to a term of two and one-half years to one-half life imprisonment.”
State v. Sanchez, 846 P.2d 857 (Ariz. Ct. App. 1993). “”) § 13-110 (1989) provides in part: “A person may be convicted of an attempt to commit a crime, although it appears upon the trial that the crime intended or attempted was perpetrated by the person in pursuance of such attempt____” This statute authorizes the reduction, via…”
State v. Denton, 420 P.2d 930 (Ariz. 1966). · cites it 2× “He directs our attention to the fact that A.R.”
Rainwater v. State, 943 P.2d 727 (Ariz. 1997). · cites it 2× “See A.R.S. § 13-110; State v. Sanchez, 174 Ariz.”
State v. Superior Court of State, 945 P.2d 1334 (Ariz. Ct. App. 1997). · cites it 2× “A.R.S. § 13-110; State v. Sanchez, 174 Ariz.”
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