what is factual impossibility
Factual Impossibility. Factual Impossibility is a partial defense to a crime based on physical impossibility to perform the prohibited conduct or cause the prohibited results that would constitute the contemplated offense. Factual Impossibility is not a complete defense. It allows for prosecution for an attempt crime. For example, if a defendant placed a car bomb in his neighbor's car and it failed to explode, Factual Impossibility would be a defense to murder charges but not attempted murder.