Self Defense Laws in Washington

Vancouver WA DV Attorney

Washington law allows for the use of force under certain circumstances. RCW 9A.16.020 outlines the circumstances under which a person can legally use force. The lawful use of force/self defense most commonly arises under three situations:

Self Defense
Defense of Others
Defense of Property

Self Defense

Washington Law allows a person to use reasonable force to defend themselves when they are being attacked or have a reasonable belief that they are about to be attacked. A person may not use more force than is necessary given the situation.
The law does not impose a duty to retreat. This means that if you are in your home, you do not have to try to escape the situation before defending yourself. This is otherwise called, the “Stand Your Ground Rule” in Washington. On the other hand, you cannot raise self defense if you are not allowed to be in the place you are being attacked in the first place.
You do not have to actually be attacked or injured in order to defend yourself. Washington law allows you to defend yourself if you reasonably believe you are about to be injured.

Self defense is commonly used as a defense to:

Assault (DV)
Malicious Mischief (DV)
Disorderly Conduct (DV)
Harassment (DV)

Defense of Others

Washington Law states that the use of force is lawful whenever used to prevent an offense against another person. This means that under certain circumstances, you may use force to protect another person. Like self defense, defense of other requires that you only use a reasonable amount of force to protect another person. Also like in self defense, the person you are protecting must not be trespassing at the time of the incident.

Defense of Property

Under certain situations, a person may use force to defend against a “malicious trespass or interference” with real or personal property. This means that if someone is entering your home or taking or damaging your property and they are doing so with an evil purpose, you can defend your property by force. The same rules apply to this defense, which is that you may not use more force than in necessary to defend your property.

Contact an Experienced Self Defense Attorney

Kris Carrasco is thoroughly experienced in self defense cases. He has successfully taken numerous self defense cases to trial and knows this complex area of law very well. If you are charged with a crime and need an experienced trial attorney, contact Kris Carrasco immediately to go over your case with him. There is no obligation and no charge for consulting with Mr. Carrasco. Give us a call or use our contact form.

Results

How We Achieved Dismissal in a Complex Assault 4 Domestic Violence Case

Introduction Navigating a domestic violence charge can be daunting, especially when the accusations are unfounded. Our recent victory in an Assault 4 Domestic Violence case showcases the importance of a robust defense strategy and thorough investigation. Here’s how we turned a challenging situation into a successful dismissal. The Case Our ... Read more

Assault 3 Domestic Violence – Felony – Dismissed

Client was charged with felony assault domestic violence when his truck ran over his girlfriend’s leg during an argument in a parking lot. The girlfriend was badly injured and had to be taken to the hospital. The girlfriend wanted charges filed and was cooperating with police and the prosecutors. After ... Read more

Feb 29, 2024

by GC on Kris Carrasco Attorney at Law

Out of State Restraining Order

I was in a horrible situation where the mother of my son had me arrested on false claims so she could kidnap our son and move to Washington from California. She filed a restraining order when she got to Washington, listing our son as a protected party and claimed I had been abusive to her and him, writing a statement filled with lies and stories going back many years. She went so far as to have her family members, whom had never left Washington submit statements as well. The whole thing was disturbing and as a result I wasn't able to see my son for months. Kris didn't get dragged into arguing the meritless claims she made but instead focused on the actual law. Washington did not have jurisdiction over me and as a result a restraining order was not legal. A temp judge granted the restraining order and Kris made the judge explain on the stand multiple times how Washington had jurisdiction. She could not. He filed a motion for reconsideration shortly after outlining case law and making it clear that the temp judge had made a mistake. A commissioner reviewed and granted the motion for reconsideration. As a result, I was able to be reunited with my son, 102 days later. Kris is an amazing lawyer and I can't thank him enough for what he did for me and my son. Don't hesitate to hire him.