Self Defense In WA State.
Understanding Self-Defense Laws in Washington State: A Guide for Civilians
Self-defense is a fundamental right, but the use of force, especially deadly force, is highly regulated in most states, including Washington. Whether you're at home, at work, or out in public, understanding the laws surrounding self-defense in Washington State is crucial for protecting yourself legally if you ever find yourself in a situation where you need to defend yourself or others.
In Washington State, the use of force, including deadly force, is governed by a combination of statutory laws, case law, and legal principles designed to balance the rights of individuals to protect themselves with the state’s interest in preventing unnecessary harm or violence. The key issues in self-defense cases include: when you can use force, what kind of force you can use, and how your actions are justified under state law.
In this article, we will explore the self-defense laws in Washington State for civilians, covering both non-deadly and deadly force. We’ll dive into the legal concepts you need to know to ensure you're able to defend yourself within the boundaries of the law.
1. General Principles of Self-Defense in Washington State
Washington State law allows for the use of force in self-defense when certain conditions are met. The key legal principle underlying self-defense is that you have the right to protect yourself from unlawful aggression. This right is based on the idea that individuals should not have to endure unlawful attacks, and they can act in defense of themselves, their property, and others.
2. The Legal Framework: RCW 9A.16.020
The primary statute that outlines the use of force in self-defense is RCW 9A.16.020, which states:
"The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) When used by a party about to be injured or by a person aiding him or her in accordance with the provisions of this chapter."
This statute establishes that a person may use force in self-defense, but the force used must be proportional to the threat and the situation at hand. (Reasonable and necessary)
3. Use of Non-Deadly Force in Self-Defense
When defending yourself against an attack, non-deadly force is generally acceptable when the threat is not life-threatening or likely to cause serious bodily harm. Non-deadly force typically includes actions such as:
Pushing someone away to create space
Blocking or deflecting a blow
Using a restraint or hold to stop an attacker without causing lasting injury
In Washington State, you are allowed to use non-deadly force in self-defense as long as the following conditions are met:
Reasonable Belief: You must reasonably believe that you are in immediate danger of harm. If the threat is not immediate or if you have no reason to believe the threat is real, your actions may not be justified.
Proportionality: The force used in self-defense must be proportional to the threat. For example, using force to block an incoming punch or shove is justified, but using a weapon to respond to an unarmed person shoving you might not be.
Duty to Retreat: Washington State does not have a "duty to retreat" rule, meaning you are not required to retreat from a dangerous situation before defending yourself if you are in a place where you have a legal right to be. However, the circumstances of the situation could influence the reasonableness of your response. For example, if you could safely retreat and avoid harm, it may be more difficult to justify your actions.
4. Use of Deadly Force in Self-Defense
Deadly force is any force that is likely to cause death or serious bodily injury. This includes using a firearm, a knife, or any object that can cause significant harm to the attacker. Deadly force is only justified in self-defense situations where the person has a reasonable belief that they are in imminent danger of death or serious bodily harm.
The law surrounding deadly force in Washington State is governed by RCW 9A.16.050, which states that:
"Homicide is justifiable when committed in the lawful defense of the slayer, or of a wife or husband, parent, child, master, or servant, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great bodily harm, and there is imminent danger of such harm, and the slayer, if not in a place where he or she has a right to be, has not intentionally provoked the use of force against him or her."
This means that deadly force is justified when:
Imminent Danger: The threat must be immediate. For example, you are allowed to use deadly force if an attacker is about to kill or seriously injure you.
Proportionality: The force used must match the threat. Deadly force should not be used against a non-deadly threat, even if the attacker is being aggressive.
No Provocation: You cannot provoke an attack and then claim self-defense. For example, if you start a fight and the situation escalates, you would not be justified in using deadly force to defend yourself, even if you feel threatened.
Reasonable Belief: You must reasonably believe that you are in imminent danger of death or serious bodily harm. This belief must be reasonable from the perspective of a reasonable person, and your actions must be viewed through the lens of someone in the same situation. (Imagine a crowd of people with cameras out and the only evidence the jury has, is that footage.)
5. “Stand Your Ground” vs. Duty to Retreat
Washington State follows a "Stand Your Ground" doctrine when it comes to self-defense. This means that you are not required to retreat or try to avoid a dangerous situation before using force, including deadly force, to defend yourself.
However, there are nuances to this rule. The critical factor is whether you are in a place where you have a legal right to be. If you are lawfully present in a location (such as your home, a public street, or another public space), you are not required to retreat before defending yourself. But if you are somewhere you don’t have a legal right to be (such as trespassing), your right to self-defense may be limited.
6. Self-Defense in the Home: The Castle Doctrine
Washington State applies the Castle Doctrine to self-defense cases that occur within a person's home. The Castle Doctrine essentially allows a person to use deadly force to protect themselves in their own home without the duty to retreat, even if there may have been an opportunity to safely retreat.
Under the Castle Doctrine, if someone unlawfully enters your home, you do not have to retreat or attempt to de-escalate the situation before using deadly force in defense. The belief that you are in imminent danger of death or serious harm must be reasonable, but if you are confronted by an intruder in your own home, Washington law gives you more leeway to act in defense.
7. Self-Defense Outside the Home
In public places, the Castle Doctrine does not apply. However, Washington State’s self-defense laws still give you the right to use force, including deadly force, if you are confronted with a threat of imminent harm. The key difference is that, outside the home, you may be expected to retreat if you have a reasonable opportunity to do so without being in danger.
8. The Use of Deadly Force Against a Law Enforcement Officer
Washington State law does not justify the use of force, including deadly force, against law enforcement officers who are acting within the scope of their duties, even if the person being confronted feels threatened. The law is clear that a person cannot resist arrest with deadly force unless they are facing an imminent threat to their life.
9. What to Do After Using Force
If you use force in self-defense, it is crucial to follow specific steps to protect yourself legally:
Call Law Enforcement: Notify the police immediately after an incident. Make sure to report the facts truthfully but avoid making statements that could later be used against you.
Seek Medical Attention: If you or the other party is injured, seek medical attention right away.
Consult an Attorney: Self-defense cases can be complicated, and the legal ramifications can be serious. Having an attorney who understands Washington’s self-defense laws can help protect your rights. (USCCA is a great resource for self defense insurance.)
10. Conclusion: Know Your Rights and Responsibilities
In Washington State, civilians have the right to defend themselves, but that right is not unlimited. The law requires that self-defense actions, including the use of deadly force, be based on a reasonable belief of imminent harm, proportionality, and the absence of provocation. Whether you are defending yourself with non-deadly force or deadly force, it is essential to understand when and how you can legally act in your defense.
Make sure you are familiar with the laws in your state and consult with a qualified attorney to ensure that you know how to act within legal boundaries in the event that you need to protect yourself.