A crime that is not actually committed might still be charged as a real crime with a penalty of live prison time or monetary fines in the State of Washington. This is not a manifestation of the futuristic fear of thought police, but rather the sanctioning of tangibly wrongful behavior. Each of the 50 United States has statutes criminalizing attempts to commit crimes, and these laws stand in place of charges for a crime actually committed. While no harm might actually have taken place, these statutes proscribe malicious acts.
Criminality in Motion
The concept behind these laws is clear and logical. For example, one who attempts murder by use of a firearm, but misses the target upon shooting, should not be given a free pass because of bad aim, but rather should be recognized as a criminal who tried to kill another human being.
The State of Washington defines an attempt to commit a crime in RCW 9A.28.020, which provides that “A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.”
A “substantial step toward the commission” of a crime is recognized by courts as any act that was conducted by an offender that, in the mind of the offender, constituted a material portion of the process of actual commission of the crime. Some crimes, such as the various levels of assault, have built-in definitions to include attempt. For example, if one strikes a victim with great force using a baseball bat, this qualifies as assault in the first degree. According to the same statute, if the offender swings and misses, the same crime is committed, despite the lack of any physical harm as a result.
Where Does an Attempt Begin?
The line delineating the origin of an attempt might be blurry. For example, an offender might purchase poison for the purpose of using it to kill an intended victim. At the point of purchase, however, prosecuting attorneys would have a rather large gap to bridge in demonstrating the connection between the yet uncommitted murder and the purchase of the poison as step in furtherance of the crime. This example extended further rearward in time, the offender entering his vehicle, starting it, and driving toward the point of purchase of the poison could also be considered a substantial part of the commission of the crime, yet this act has an even more tenuous connection with the fruition of any actual murder.
Get Legal Help
Charges of attempt to commit a crime inherently include intent as an element of a crime. Intent exists in the mind of an offender, and can be misunderstood. Overt actions and attendant circumstances can often be misleading with respect to the intention of the actor. If you or a loved one has been charged with an attempted crime, you need an experienced criminal attorney on your side. Protect your rights, and ensure that your true intentions are not misconstrued. Contact the criminal defense lawyers at The Nahajski Firm at (206) 621-0500 for a free and confidential initial consultation.