Factual Impossibility: What It Means in Criminal Law

Q: What is the difference between factual and legal impossibility?

Factual impossibility involves external circumstances preventing the crime, while legal impossibility occurs when the act is not a crime under the law.

Q: What should I do if I am charged with an attempted crime?

Seek legal advice immediately to understand your options and potential defenses.

Definition & Meaning

Factual impossibility refers to a situation where a person intends to commit a crime, but cannot complete the act due to an external circumstance that is unknown to them or beyond their control. This type of impossibility does not serve as a legal defense in criminal cases. For example, if someone tries to pickpocket a person with an empty pocket, their intended act is impossible to accomplish. In legal terms, while factual impossibility is not a valid defense, legal impossibility can be recognized in certain cases.

Table of content

Legal Use & context

This term is primarily used in criminal law, particularly in discussions about attempts to commit a crime. Understanding factual impossibility is crucial for legal practitioners when evaluating cases involving attempted crimes. Users might find templates for legal documents related to attempts or defenses in criminal cases on platforms like US Legal Forms, which can help them navigate these situations effectively.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

A pickpocket attempts to steal from a person whose pocket is empty.
An abortionist begins a procedure on a woman who is not pregnant (hypothetical example).

Comparison with related terms

Term	Definition	Key Difference
Factual Impossibility	Impossibility due to unknown circumstances preventing the crime.	Not a valid legal defense.
Legal Impossibility	When the act is not a crime under the law, even if completed.	Can be a valid defense in some cases.

Common misunderstandings

What to do if this term applies to you

If you find yourself in a situation involving factual impossibility, it's important to seek legal advice. You can explore ready-to-use legal templates on US Legal Forms to assist with your case. However, if the matter is complex, consulting a legal professional is recommended for tailored guidance.

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Quick facts

Factual impossibility does not exempt a person from liability for attempted crimes.
It is primarily relevant in criminal law.
Legal consequences vary depending on the jurisdiction and specific circumstances.