Overview of Inchoate Crimes in Montgomery County, PA
Inchoate crimes in Montgomery County include criminal attempt, solicitation, and conspiracy, these types of crime are serious because they treat the preparation of wrongdoing as a crime itself. Even if no substantive offense was completed, Pennsylvania law allows prosecution for the planning or substantial steps toward a crime. Knowing how these cases are charged, and how to defend them early, is key. Attorney William A. Weiss has the local court experience and strategy to protect clients from unnecessary escalation.
What Constitutes Inchoate Crimes in Montgomery County?
Under 18 Pa.C.S. § 901–906 (Chapter 9 — Inchoate Crimes), Pennsylvania defines key offenses including:
- Criminal Attempt (18 Pa.C.S. § 901): one who, intending to commit a specific crime, takes a substantial step toward commission of that crime.
- Criminal Solicitation (18 Pa.C.S. § 902): intentionally encouraging or requesting another to commit a crime or attempt to commit it.
- Criminal Conspiracy (18 Pa.C.S. § 903): agreeing with another person or persons to commit a crime (or attempt/solicitation thereof), and an overt act in furtherance is required.
Important notes:
- The grade/degree of an inchoate offense typically matches the most serious offense that was attempted, solicited, or conspired. § 905.
- A person cannot be convicted of more than one of attempt, solicitation, or conspiracy for the same underlying crime (the so-called “multiple convictions barred” rule) (§904 & §906).
In practice in Montgomery County, these charges often arise when law enforcement alleges a plot, plan, or conspiracy to commit a crime—even if no injury or completed crime occurred. Defense must focus on the subtle distinctions of intent, step toward crime, and whether the statutory elements are met.
Penalties for Inchoate Crimes in Montgomery County
| Offense Type | Description / Example Scenario | Classification / Severity | Possible Penalties |
|---|---|---|---|
| Criminal Attempt (§ 901) | Taking a substantial step toward committing a felony (e.g., buying materials to carry out robbery) | Same grade as the object crime (§ 905) | If object is F2, then attempt is F2: could be up to ~10 years for F2-level base crime in Pennsylvania |
| Criminal Solicitation (§ 902) | Encouraging or requesting another person to commit a crime (e.g., hiring someone to carry out assault) | Same grade as the object crime (§ 905) | Penalties mirror the underlying crime’s grading; significant exposure if object is serious felony |
| Criminal Conspiracy (§ 903) | Agreement with others to commit a crime and an overt act in furtherance (e.g., planning plus procurement of weapon) | Same grade as underlying crime (§ 905) | Maximum penalties tied to underlying offense; may also face additional counts for conspiracy |
Exact sentencing in Montgomery County will depend on the underlying crime, prior record, factual circumstances, local guidelines, and the court.
How William A. Weiss Defends Inchoate Crimes in Montgomery County
Reviewing the Underlying Crime & Intent
- Weiss examines the alleged underlying felony or misdemeanor the client is accused of attempting, soliciting, or conspiring to commit.
- He analyzes whether the evidence truly shows intent, a “substantial step” (in attempts), or an “overt act” (in conspiracies).
Challenging Overbroad or Premature Charges
- Many inchoate charges stem from investigations that jump the gun—Weiss reviews whether the activity was mere talk or planning vs. legally actionable steps.
- He may argue that the conduct lacked a substantial step (for attempt), lacked an agreement/overt act (for conspiracy), or lacked solicitation specificity (for solicitation).
Venue & Procedure Strategy in Montgomery County Courts
- Early representation in the Magisterial District Court handling the matter can influence bail, initial court scheduling and possible diversion.
- Weiss uses his familiarity with Montgomery County’s MDJ courts and Common Pleas court to position cases effectively.
Negotiation & Mitigation
- In some cases, charges can be reduced if the underlying crime was less serious, or if the client took steps to abandon the plan or prevent the crime (renunciation defense).
- Weiss evaluates alternative resolutions, plea strategy, or early motion practice to reduce exposure.
Trial Preparation if Needed
- If the case proceeds to trial in the Court of Common Pleas, Weiss fully prepares for contested issue: Did a crime truly occur? Was there intent? Was the required “step” taken?
- He deploys expert or forensic testimony (such as communications evidence, tech records) when necessary.
Montgomery County Court Pages
- Criminal Charges in Montgomery County
- Montgomery County Courts Overview
- Court of Common Pleas – Montgomery County
- Magisterial District Courts – Overview
Montgomery County Criminal Defense by Town
(Representation available in all below townships; local court venue may matter for inchoate defense.)
- Abington Township
- Cheltenham Township
- Douglass Township
- East Norriton Township
- Franconia Township
- Hatfield Township
- Horsham Township
- Limerick Township
- Lower Frederick Township
- Lower Gwynedd Township
- Lower Merion Township
- Lower Moreland Township
- Lower Pottsgrove Township
- Lower Providence Township
- Lower Salford Township
- Marlborough Township
- Montgomery Township
- New Hanover Township
- Perkiomen Township
- Plymouth Township
- Salford Township
- Skippack Township
- Springfield Township
- Towamencin Township
- Upper Dublin Township
- Upper Frederick Township
- Upper Gwynedd Township
- Upper Hanover Township
- Upper Merion Township
- Upper Moreland Township
- Upper Pottsgrove Township
- Upper Providence Township
- Upper Salford Township
- West Norriton Township
- West Pottsgrove Township
- Whitemarsh Township
- Whitpain Township
- Worcester Township
Magisterial District Courts in Montgomery County
Weiss navigates inchoate charge defense across all Montgomery County MDJ courts; each venue page is listed below for client convenience:
- MDJ 38-1-01 – East Norriton & West Norriton
- MDJ 38-1-02 – Jenkintown & Cheltenham
- MDJ 38-1-03 – Cheltenham & Elkins Park
- MDJ 38-1-05 – Abington
- MDJ 38-1-06 – Lower Merion & Narberth
- MDJ 38-1-07 – Lower Merion / Ardmore
- MDJ 38-1-08 – Springfield / Oreland
- MDJ 38-1-09 – King of Prussia / Upper Merion / West Conshohocken
- MDJ 38-1-11 – Upper & West Pottsgrove
- MDJ 38-1-12 – Pottstown & Lower Pottsgrove
- MDJ 38-1-13 – Conshohocken
- MDJ 38-1-14 – Hatboro / Horsham / Upper Moreland
- MDJ 38-1-15 – Norristown (DeKalb St., Suite 300)
- MDJ 38-1-16 – Norristown (DeKalb St., Suite 200)
- MDJ 38-1-18 – Hatfield & Montgomery Township
- MDJ 38-1-19 – Limerick / Royersford / Upper Providence
- MDJ 38-1-20 – Collegeville / Lower Providence
- MDJ 38-1-21 – Blue Bell / North Wales / Gwynedd / Whitpain
- MDJ 38-1-22 – Horsham Township
- MDJ 38-1-23 – Whitemarsh & Conshohocken
- MDJ 38-1-24 – Schwenksville / Lower Salford / Perkiomen / Skippack / Worcester
- MDJ 38-1-25 – Bridgeport & Upper Merion
- MDJ 38-1-28 – Lansdale & Towamencin
- MDJ 38-2-02 – Marlborough / Upper Hanover / Salford / Green Lane / East Greenville / Pennsburg
- MDJ 38-2-03 – Douglass / Lower Frederick / New Hanover / Upper Frederick
- MDJ 38-2-04 – Bala & Lower Merion
- MDJ 38-2-08 – Bryn Athyn / Lower Moreland / Upper Moreland


