What distinguishes an attempt from a completed crime?

An attempt is characterized by the intent to commit a crime combined with the taking of a substantial step toward the commission of that crime, even if the crime itself is not completed. This concept is essential in criminal law as it acknowledges that an individual can be held accountable for their intention and actions leading up to the crime, even if they ultimately did not bring the criminal act to fruition.

In contrast, a completed crime occurs when all elements defining the crime—such as the act (actus reus) and the intent (mens rea)—are fully realized. The answer emphasizes that the critical factor in distinguishing between an attempt and a completed crime is the substantial step taken towards realization, which captures the preparatory actions leading up to the crime.

The obtaining of a criminal record and the presence of a witness do not inherently relate to the distinction between an attempt and a completed crime. A criminal record applies once a conviction takes place, and the presence of a witness, while it may influence an investigation or prosecution, is not a necessary element to differentiate between an attempt and completion of a crime.