Attempted murder is one of the most serious violent criminal charges a person can face in Washington, D.C. Even though no death occurred, a conviction can result in decades behind bars. The key element prosecutors must prove is not just that someone acted violently, but that they did so with the intent to kill. Because intent is a mental state rather than a physical act, prosecutors often rely on indirect evidence to prove it, including the defendant’s own words.
Many people charged with attempted murder are shocked to find that things they said in the heat of the moment, or even long before the incident, are being used against them in court, and understanding how intent works in D.C. law and why your words matter is critical to protecting your rights if you are facing this charge.
What Prosecutors Must Prove in a D.C. Attempted Murder Case
In Washington, D.C., a person can be charged with attempted murder if prosecutors believe they took a substantial step toward killing another person and did so with the specific intent to cause death. It is not enough to show that someone caused serious harm or acted recklessly. The government must prove that the defendant meant to kill.
Examples of substantial steps might include firing a weapon at someone, stabbing them in a vital area, or setting a trap with the goal of causing fatal injuries. But these actions are not enough on their own. The prosecution must also show that the person intended the result to be death, not just injury or intimidation.
How Statements and Messages Are Used to Prove Intent
Because intent is internal and subjective, prosecutors often rely on what the defendant said before, during, or after the alleged act.
This can include:
- Verbal threats made to the victim or others.
- Text messages or social media posts referencing harm or revenge.
- Statements to law enforcement or witnesses.
- Phone calls or recorded conversations from jail.
Even offhand remarks, heated arguments, or jokes can be introduced at trial to support the argument that the accused planned to kill. Prosecutors may also point to angry texts or hostile social media activity to show a pattern of intent.
Unfortunately, these statements are often taken out of context, misunderstood, or exaggerated. What may have been an expression of anger or frustration could be used to build a narrative that supports a far more serious charge.
The Role of a Criminal Defense Attorney in Disputing Intent
At Lotze Mosley, PLLC, our Washington, D.C. criminal defense lawyer focuses on breaking down the prosecution’s version of events and challenging their interpretation of the evidence.
When the state relies on words to prove intent, we ask important questions:
- Was the statement truly a threat, or was it vague or non-specific?
- When was it said, and under what circumstances?
- Could it have been directed at someone else or about a different event?
- Is there evidence of other intentions, such as self-defense or emotional distress?
By carefully examining the surrounding facts and introducing alternative explanations, we work to show that the government has not met its burden of proof.
Speak With Our Washington, D.C. Criminal Defense Attorney Today
If you are facing an attempted murder charge in D.C., your freedom and your future are at risk. The prosecution will use everything available to build its case, including your words. Before speaking with investigators or accepting any plea, contact our Washington, D.C. criminal defense attorney at Lotze Mosley, PLLC, for a confidential consultation.
We will fight to protect your rights and build a strong defense on your behalf.
