desisted

Desisted refers to the act of refraining from completing a planned or attempted criminal offense. In legal contexts, a desist is a defense or a mitigating factor in sentencing, indicating that an individual voluntarily stopped their criminal conduct before it was fully realized. For a desistion to be legally recognized, it generally must be voluntary and complete, meaning the individual did not merely postpone the offense or stop due to the risk of apprehension.

The concept of desisted is distinct from abandonment, which typically involves ceasing criminal activity before it has begun, or from a completed crime where the perpetrator is caught before or after the act. Courts may consider a defendant's desisted action when determining guilt or imposing a sentence. While not always a complete defense to all charges, it can demonstrate a lack of ultimate criminal intent or a willingness to reform, potentially leading to a less severe punishment. The specific legal definition and effect of desisted can vary significantly by jurisdiction and the nature of the attempted crime. Proving desisted often requires clear evidence of the defendant's voluntary decision to stop their criminal enterprise.