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When a dangerous situation presents itself, theres often little time to react. Whether you acted to protect yourself or another from a violent crime or help someone who was going to be hurt, self-defense is within your rights.

If you are facing criminal charges after acting in self-defense, you have legal options. Understanding Washington State self-defense laws is a great place to start.

Below, well discuss the Washington State stand your ground law and the best path towards clearing your name and putting this behind you.

Stand your ground laws enable people to use force in certain situations. So, is Washington a stand your ground state? Yes, Washington does allow an individual to utilize force to protect themselves and others from harm.

There is no duty to retreat statute in Washington State law. This means that if a person is being attacked in an area they are allowed to be in, they do not have to try to escape to safety. They can fight back and use the necessary amount of force to protect themselves.

You may be able to lean on Washingtons stand your ground laws as a defense against criminal charges that you are facing. While the Washington State stand your ground law does permit self-defense in certain situations, it is important to understand the nuances of these rules. Read on for a detailed look at Washington stand your ground laws.

Washington does have laws on the books that could protect you from criminal liability if you used force (Revised Code of Washington, Section 9A.16.020). Under the law, you may legally use force to defend yourself in these situations:

As you can see, there are multiple instances in which self-defense applies. Going over the event in detail with your legal team will help as they create your defense.

While state law does permit you to use force in certain situations, there are some gray areas when it comes to Washington State self-defense laws. A lot of the gray area comes down to the word reasonable.

Thats because, to avoid criminal charges, your actions have to have been reasonable given the details of the situation. For example, if you shot and killed someone who pulled into your driveway to turn their car around, this would almost certainly not be considered reasonable (Revised Code of Washington, Section 9A.16.050). However, if someone was pointing a gun at you and threatening to shoot, firing your weapon at them would likely be considered reasonable.

Also, if you were committing a crime or instigated the violent confrontation that occurred, you may find that Washington State self-defense laws do not apply to your situation.

People charged with crimes in situations where they defended themselves are often being accused of undertaking actions that fall under the exceptions to the Washington State stand your ground law. While the burden of proving your guilt is on the prosecution, it is up to your defense attorney to help you demonstrate how your actions were, in fact, self-defense.

One of the most common defenses to violent crime charges in Washington is that the accused acted in self-defense. If you have been charged with a crime after defending yourself, one of your best defense strategies may be to prove that you acted in self-defense rather than as an attacker, instigator or murderer.

The Revised Code of Washington (Section 9A.16.110) clearly states that those who act in self-defense should not be:

placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger

In light of this, proving that you acted in self-defense offers the best path to getting the charges dropped.

You were exercising your right to defend yourself, but now you are facing serious criminal charges. This is not a storm that will simply blow over. You must show that you are not guilty of the serious crimes you have been accused of.

But how do you do that? Ask the countless clients who have turned to Will & Will, Attorneys At Law, in their time of need. Attorneys Court and Michelle Will have helped thousands of people like you resolve their cases successfully.

Legal help is available with a simple call or click. Fill out our contact form or call us at 206-209-5585 today.

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Washington State Stand Your Ground Law & Self-Defense ...

WEST PALM BEACH, Fla. (AP) A judge has rejected the stand your ground defense of a Florida man who said he beat an iguana to death only after it attacked him, biting him on the arm.

PJ Nilaja Patterson, 43, must stand trial on a felony animal cruelty charge, Palm Beach County Circuit Judge Jeffrey Dana Gillen ruled recently in denying the unusual defense, the South Florida SunSentinel reported.

The stand your ground law allows a person who is under attack and reasonably fears death or great bodily harm to use deadly force, even if they could retreat to safety. It has been used in several high-profile cases since it was adopted 16 years ago, but this might be the first time the recipient of deadly force was an animal.

Prosecutors say Patterson savagely beat, tormented, tortured, and killed the 3-foot iguana in a half-hour attack caught on surveillance video. Prosecutor Alexandra Dorman said that at no time was the iguana posing any real threat to Patterson last September and he was not justified in his actions when he kicked this defenseless animal at least 17 times causing its death.

Animal control officials said Patterson tormented the animal, which is why it bit him on the arm, causing a wound that required 22 staples to close. Under state law, people are allowed to kill iguanas, an invasive species, in a quick and humane manner. A necropsy, though, showed the iguana had a lacerated liver, broken pelvis and internal bleeding, which were painful and terrifying injuries, prosecutors contend.

But Pattersons public defender, Frank Vasconcelos, wrote that the iguana was the aggressor when it leaned forward with its mouth wide open and showing its sharp teeth, in a threatening manner and attacked Patterson. Bleeding from his bite, Patterson kicked the iguana as far as he could, Vasconcelos said.

Patterson believed that the iguana could have injected poison in him and thus he rushed to incapacitate the iguana the best way he could in order to preserve its antidote, Vasconcelos wrote.

Iguanas are not poisonous and typically run when a human approaches.

Any force used by Patterson in order to further avoid great bodily harm or even death was reasonably justified, Vasconcelos wrote.

Judge Gillen rejected that argument. Patterson could get up to five years in prison if convicted.

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'Stand your ground' defense rejected in iguana killing - LimaOhio.com

TAMPA, Fla. (WFLA) A Tampa Bay mother says the man responsible for killing her teenager is getting away scot-free.

Justin Schmitt was stabbed once in the chest. He had no weapon and he was in his own house so why are prosecutors declining to file charges against his attacker?

On Feb. 25, 2020, Schmitt, 18, was with a group of friends at his home in the 4800 block of Haines Road North in St. Petersburg.

They were making prank calls. There was also drinking. Then, around 2:30 a.m., there was an argument and Schmitt was stabbed in the chest.

The forensics team would later be found on his porch as St. Petersburg police drove to his moms house.

Allison Garris fell apart.

His birthday was the next day, he was about to be 19, said Garris. It was the worst day of my life.

Months later, Pinellas County prosecutors havent charged Schmitts attacker.

According to State Attorney Bruce Bartletts Office, this is a stand your ground case. That means, the teens attacker was acting in self-defense and it was reasonable for him to fear for his own life.

On that night, prosecutors say, Schmitt was combative. He pushed one friend then swung at and lunged towards another who warned he had a knife, said the prosecutor assigned to the case.

Attorney Amber Patwell represents the teens family.

Even if there was a punch or a push that happened, neither of those things would cause a reasonable person to think that they were at risk of great bodily harm, said Patwell. When youre talking about stand your ground and being authorized to kill somebody the circumstances in which youre permitted to do that are very narrow.

8 On Your Side spoke at length with the prosecutor assigned to the case, Assistant State Attorney Christie Ellis.

Ellis is sympathetic to Schmitts family. She says she did a thorough investigation. Prosecutors interviewed witnesses multiple times, under oath.

In the end, she believes she cant prove by clear and convincing evidence, the standard of proof required, that this isnt a stand your ground case.

Stand your ground is like a license to murder people and the onus is put on the state attorneys office to prove that it wasnt, Garris said.

Garris still believes prosecutors should at least present the case to a judge.

Kids do get into fights all the time, she said. Its not a license to kill.

8 On Your Side asked the prosecutor if her decision was final. Ellis says it is unless and until, theres new evidence.

Right now, 8 On Your Side is looking into the criminal history of all parties involved.

My kid loved to plant flowers, so thats what I do, thats what Im left with, Garris said. I wanted to see him get married but you stole that from us, you took that away, and thats not fair.

8 On Your Side is not identifying the attacker since hes not being charged at this time.

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Man accused of stabbing St. Pete teen wont face charges due to stand your ground law - WFLA

(CNN)

Cases of self-defense arent always simple especially in states with a stand your ground law.

In July 2018, police say Michael Drejka fatally shot a man who shoved and knocked him to the ground in an argument over a parking space in Florida.

Although critics say Drejkas use of deadly force was uncalled for, the Pinellas County sheriff declined to arrest him, citing the states stand your ground law, which gave him immunity. The decision sparked outcry and calls for reform.

But its not the first time a stand your ground law has created controversy. Many states have similar laws on the books.

Heres what you need to know about them.

Generally, stand your ground laws allow people to respond to threats or force without fear of criminal prosecution.

Most self-defense laws state that a person under threat of physical injury has a duty to retreat. If after retreating the threat continues, the person may respond with force.

If you attack me in a non-stand your ground state, Ive got to try to get out of it, explained CNN legal analyst Mark OMara. I have to retreat before I attack The theory is, it (responding with force) has to be your last chance.

But in stand your ground states, you have no obligation to retreat, OMara said.

In other words, someone facing an imminent threat can use lethal force right away without first trying to escape.

04:10-Source:CNN

Mark O'Mara on the shooting of Markeis McGlockton

While most states provide some form of legal protection in cases of self-defense, 25 have enacted stand your ground laws, according to the National Conference of State Legislatures (NCSL).

The laws in at least 10 of these states, mostly in the South, literally say that you can stand [your] ground.

Its important to note that not all stand your ground laws are the same. States may word and even enforce them differently.

Florida has had several high-profile cases that sparked national conversation about stand your ground laws.

The state passed its stand your ground law in 2005, allowing people to meet force with force if they believe theyre under threat of being harmed.

Of all the states with stand your ground laws, Floridas is probably the strongest at this point, OMara said, for three reasons.

First is the fact the states law says a person has no duty to retreat.

Second: the states law provides immunity from criminal prosecution and civil actions, OMara said, which not all other stand your ground statutes do.

The final reason, OMara said, can be attributed to a recent change in the law, which shifts the burden onto the state to prove that a shooter did not act in self-defense and is therefore not entitled to stand your ground immunities.

Previously, the shooter used stand your ground as a defense, and had to prove she or he feared further bodily harm. But no longer.

Nowhere else is there anything like this in criminal law where somebody asserts something and the burden then shifts to the other person, Pinellas County Sheriff Bob Gualtieri said in a press conference. Thats a very heavy standard and it puts the burden on the state.

Floridas law has drawn attention over the years, most notably in the shooting death of 17-year-old Trayvon Martin in Sanford, Florida.

11:55-Source:CNN

Basketball star Carmelo Anthony says gun violence has "got worse" since Trayvon Martin

In 2012, a jury found George Zimmerman who OMara represented in that case not guilty in the shooting death.

Martin was walking to his fathers fiancees house from a convenience store when Zimmerman, a neighborhood watch volunteer, saw him and called the police. Zimmerman defied an order to not approach the teen. When he did, the two got into a physical altercation, and Zimmerman shot Martin.

As the case garnered national attention, onlookers speculated whether Zimmerman would try to use the Floridas stand your ground law as part of his defense.

Zimmerman was charged in Martins death but was eventually acquitted. Ultimately, he did not lean on the states stand our ground law, but did claim self defense.

Still, the case cast a spotlight on Floridas stand your ground law and demands to change it.

Supporters of stand your ground laws say they give people the right to protect themselves. Former Florida Gov. Jeb Bush defended the law at the National Rifle Associations 2015 annual meeting in Nashville.

In Florida you can defend yourself anywhere you have a legal right to be, he said. You shouldnt have to choose between being attacked and going to jail.

The NRA has pushed hard for stand your ground laws in the past. Its former president, Marion Hammer, helped create Floridas law back in 2005.

Critics say the laws encourage violence and allow for legal racial bias. In 2013, Sherrilyn Ifill, then president and director-counsel for the NAACP Legal Defense & Educational Fund, gave testimony in a hearing on stand your ground laws.

Even those who do not consciously harbor negative associations between race and criminality are regularly infected by unconscious views that equate race with violence, she wrote.

Racial stereotypes, she wrote, could cause people to misinterpret innocent behavior as something threatening or violent, and stand your ground laws could justify this violence.

With the controversy surrounding stand your ground laws, there have been efforts to change or repeal them. In 2017, North Carolina lawmakers filed the Gun Safety Act, which would repeal the states stand your ground law. No updates on the bill have been available since April of 2017.

The NCSL says recent attempts have not been successful.

Link:
'Stand your ground' laws: Everything you need to know - CNN

Imagine if your state legislature passed a law saying that any person who feels threatened by another person may use lethal force to execute the perceived threat. Then say that, as a matter of state policy, residents should presume that Black people are more threatening than White people.

This sounds absurd, but this is basically a Stand Your Ground law in a nutshell.

These laws pervert self-defense and make it self-offense." Our countrys weak gun laws and prolific civilian firearm carrying mean Stand Your Ground laws increase, rather than decrease, gun crime. This, alone, is an unacceptable attack on everyones right to live. And when combined with deeply-rooted, racist conceptions of white innocence and black criminality, as well as courts unequal applications, Stand Your Ground laws particularly devalue Black lives.

With rights come responsibilities. The right to keep and bear arms is not a free for all; it does not encompass a right to trigger-happy vigilantism devoid of reason or proportionality. Stand Your Ground laws are an affront to our right not to be shot and we must stand our ground against them.

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What are Stand Your Ground Laws? | Brady