Attempt to Commit a Class [ ] Felony

[michaelzhang43]

Problem: Attempt to Commit a Class [] Felony is treated, for expungement purposes, as the type of crime for the underlying charge. For example, a sex crime that's an Attempt to Commit a Class C Felony is not eligible for expungement.

Therefore: If a statute is 161.405(2)(b) or its chargename is "Attempt to Commit a Class A Felony" then it will charged as a Class B Felony. We should mark these as Further Analysis Needed, and prompt user to answer whether the underlying conduct was for 1) Drug Crime (non-marijuana) 2) Drug Crime (marijuana) or 3) Non-drug crime. If the user selects 3), the charge should be marked as Type-ineligible.

If a statute is 161.405(2)(c) or its chargename is "Attempt to Commit a Class B Felony" then it will charged as a Class C Felony. We should mark these as Further Analysis Needed, and prompt user to answer whether the underlying conduct was for 1) Sex Crime or 2) Not a Sex Crime. If the user selects 1), the charge should be marked as Type-ineligible.

If a statute is 161.405(2)(d) or its chargename is "Attempt to Commit a Class C Felony" then it will charged as a Class A Misdemeanor. We should mark these as Further Analysis Needed, and prompt user to answer whether the underlying conduct was for 1) Sex Crime or 2) Not a Sex Crime. If the user selects 1), the charge should be marked as Type-ineligible.

This task is done when:

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[KentShikama]

@wittejm Do you know what the status of this issue is?

[wittejm]

I'm pretty sure no one ever started this one.

[KentShikama]

Proposed tests

def test_attempt_to_commit_felony_class_a_charge():
    felony_class_b_convicted = ChargeFactory.create(
        name="Attempt to Commit a Class A Felony",
        statute="161.405(2)(b)",
        level="Felony Class B",
        disposition=Dispositions.CONVICTED,
    )

and

def test_attempt_to_commit_felony_class_b_charge():
    felony_class_c_convicted = ChargeFactory.create(
        name="Attempt to Commit a Class B Felony",
        statute="161.405(2)(c)",
        level="Felony Class C",
        disposition=Dispositions.CONVICTED,
    )

and

Attempt to Commit a Class C/Unclassified Felony |   | 161.405(2)(d) | Misdemeanor Class A

[KentShikama]

@michaelzhang43 Please review

Charge: An attempt to commit a class A felony Question: "Was this a drug-related offense where the underlying substance was marijuana?" Options: If yes, MarijuanaEligible. If no, PersonFelonyClassB.

Charge: An attempt to commit a class B felony/class C felony Question: "Was the underlying conduct a sex crime that is not eligible under 137.225(6)(f)?" Options: If yes, RomeoAndJulietIneligibleSexCrime. If no, classify by level.

[michaelzhang43]

For attempt B/C felony, no need to ask if it would qualify under 6(f) - 6(f) only includes misdemeanors. So if sex crime - automatically ineligible. If no, then eligible.

For attempt A felony, if not marijuana, still need to ask if it's non-person Felony B. If it is, then it's eligible under Felony B rules.

Does that make sense?

[KentShikama]

no need to ask if it would qualify under 6(f) - 6(f) only includes misdemeanors.

Good catch, thanks.

For attempt A felony, if not marijuana, still need to ask if it's non-person Felony B.

I thought there were no class A felonies that were non-person/non-drug, and the only non-person/non-drug class B felony was possibly aggravated theft.

[michaelzhang43]

So if a person has a delivery of heroin charge that was ultimately convicted as 'attempt to commit an A Felony', how would it get resolved?

[KentShikama]

Right, it needs to be type eligible as it is a class B felony. Thanks.

[KentShikama]

@michaelzhang43 Screenshot of some examples of "Attempt to commit an A Felony". Please review.

[KentShikama]

@michaelzhang43 This is now in https://dev.recordsponge.com/ if you want to review directly.