Common Criminal Defenses in Washington State

Washington law recognizes several legal defenses that may be raised in criminal proceedings. These defenses, outlined in RCW 9A.16, define when conduct may be legally justified or excused. If properly established, these defenses can prevent a conviction.

Each defense has specific legal requirements. Whether a defense applies depends entirely on the facts of the case and how the evidence is presented in court.

Self-Defense

Washington law permits the use of reasonable force to protect yourself, another person, or your property from imminent harm. The key element is proportionality — the force used must not exceed what is reasonably necessary under the circumstances.

In general, self-defense applies when:

  • You reasonably believed you were about to be injured
  • The threat was imminent
  • You used no more force than necessary to prevent the harm

While physical force is normally unlawful, it may be legally justified when used to prevent an offense against your person or property.

Washington law also recognizes limited circumstances where deadly force may be justified. The statute provides that homicide may be considered excusable when committed accidentally during a lawful act without criminal negligence or unlawful intent.

Deadly force may also be justifiable when used in lawful defense against imminent danger of serious personal injury or a felony, including in defense of oneself or others, or while resisting a felony in one's home.

However, excessive force can eliminate a self-defense claim. Courts closely examine whether the threat was truly imminent and whether the response was proportionate.

If you are arrested after acting in self-defense, immediate legal representation is critical to properly assert your rights.

Duress

Duress applies when a person commits a criminal act because they were threatened with immediate death or serious bodily injury if they refused.

To establish duress, the threat must:

  • Create a reasonable fear of immediate serious harm
  • Leave no reasonable alternative but to comply
  • Not result from the defendant's own reckless or intentional conduct

Duress is not a defense to murder, manslaughter, or homicide by abuse. It also does not apply merely because someone felt pressured — the threat must involve immediate and serious harm.

Entrapment

Entrapment occurs when law enforcement induces a person to commit a crime that they otherwise had no intent to commit.

Providing an opportunity to commit a crime is not enough. To establish entrapment, it must be shown that:

  • The criminal idea originated with law enforcement
  • You were persuaded or lured into committing the act
  • You would not have committed the crime without that inducement

Intent is often the central issue in entrapment cases.

Intoxication Is Not a General Defense

Under Washington law, voluntary intoxication is generally not a defense to criminal charges. Being under the influence of drugs or alcohol does not excuse unlawful conduct, except in very limited circumstances involving specific intent crimes.

Protect Your Rights With Experienced Representation

Legal defenses must be carefully evaluated and strategically presented. The difference between conviction and acquittal often depends on how effectively these defenses are argued.

If you or a loved one is facing criminal charges in Washington State, do not go into court alone. Contact Steve Karimi for experienced, strategic criminal defense representation.