If you feel threatened by another person’s actions, it’s understandable that you would want to defend yourself. Unfortunately, even if you feel your actions were justified under the circumstances, you may find yourself arrested by law enforcement and charged with an assault-related offense. This experience can be extremely upsetting, frustrating, and stressful, but it’s essential to understand your legal rights and options. In Washington state, a person has the right to use reasonable force to defend themselves, as long as they are in a place where they have a legal right to be (i.e., they are not trespassing at the time of the incident). If you have been charged for defending yourself in Washington state, reach out to a highly qualified and experienced Vancouver and Camas criminal defense attorney right away to explore your options. Let’s take a look at self-defense laws in Washington state and why enlisting the guidance of a dedicated Washington self-defense assault lawyer is critical to keeping your future as bright as possible.
Legal Definition of Self-Defense in Washington State
Washington state’s laws allow individuals who feel threatened to use reasonable force against the threat to defend themselves. Under RCW 9A.16.020, there are specific circumstances in which “the use, attempt, or offer to use force upon or toward the person of another is not unlawful.” One of these circumstances is defined as “Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or per possession, in case the force is not more than is necessary.” In other words, a person who has reasonable fear of imminent harm has the right to use proportionate force against the threat in order to protect themselves.
When Self-Defense Can Still Lead to Assault Charges in Clark County
In some cases, a person who uses force to defend themselves against a perceived threat may still find themselves in need of criminal defense against assault charges. For instance, law enforcement may perceive that the person used excessive force against the other party, or there may be discrepancies in witness statements about the moments leading up to and during the incident. However, it’s important to recognize that an arrest for assault entitles you to contact a highly experienced Vancouver criminal defense lawyer so that you can review the details of the case and identify the best course of action.
Proving Self-Defense in Court
As you work with your criminal defense attorney to build your defense strategy, it’s worth remembering that the prosecution has the burden of proof—which means they must present clear evidence showing that you used excessive force against the other person. It’s critical that you and your attorney gather and present evidence that shows how you credibly feared for your physical safety at the time and used proportional and necessary force to defend yourself. To learn more about how you can use physical evidence and witness testimony to strengthen your case, reach out to a trusted and dedicated Camas criminal defense attorney today to review your options.
Our criminal defense attorneys- Roxana Manesh and Vern McCray have succeeded in obtaining Self Defense acquittals by jury trial, and a record-breaking reimbursement award in a recent case.
Facing criminal charges of any kind can be disorienting and stressful. That’s why the dedicated legal team at The Vern McCray Law Firm, PLLC, believes in providing exceptional criminal defense legal services to each and every client. Reach out to our Camas, Washington office today at (360) 834-6262 to get started.
