Dangerous Proximity Test
The "Dangerous Proximity Test" or the "Proximity Test" is a common law legal analysis used in attempt cases. (Note: A criminal attempt is the taking of a substantial step in the direction of committing a crime, beyond mere preparation). The court weighs a number of factors when applying the Dangerous Proximity Test, including:
- The gravity of the intended crime
- Whether the defendant had approached the victim
- Whether all of the instrumentalities needed to commit the crime had been obtained
- Whether the defendant had arrived at the crime scene.
Example: Having a loaded gun and waiting in the bushes to shoot the intended victim as he arrives home is sufficient under the Dangerous Proximity Test, but going to the gun store to purchase the gun is insufficient.
The Dangerous Proximity Test is one of the many different tests used by state and federal courts to determine whether the defendant has gone beyond preparing to commit a crime and has started to actually attempt to commit the crime. Other tests used by the courts include, the "substantial step" test and the "probable desistance" test. See also, Attempt.
Client Reviews
-
God Bless you Stephen, wish you all the successes in life.
“Stephen is a great contact and extremely helpful and knowledgeable. I am glad that I was his client in the past. Top lawyer, top man. God Bless you Stephen, wish you all the successes in life.”
-
Don't hesitate to contact them!
“I was referred to this group of Attorneys. I was started with a low cost made arrangements. My case had to do with assault allegations. The case was dismissed they helped me not to loose my daughter to the system.”
-
Never Talk To Police
Know your rights when questioned by law enforcement.
Defend Your Rights -
Learn What To Do When Confronted and Interviewed By The Police
Honest & practical advice during a free initial consultation. Call now to get started!
Read More -
Don't Plead Guilty!
A plea bargain may not be in your favor. Let us help evaluate all of your options.
Learn More