Washington Self-Defense Laws

Washington self-defense laws regulate the lawful use of force to prevent imminent threats against individuals and property.

Self-defense laws vary from state to state. Unlike some places, Washington state does not have an affirmative "stand your ground" law. Instead, Washington’s laws permit the use of necessary force to prevent an imminent threat against a person or their personal property.

Washington’s self-defense laws include homes and real property. Washington does not have the castle doctrine as a separate statute that allows homeowners to defend their property. Instead, Washington includes homes, businesses, and other property within the self-defense statute.

All Washington’s self-defense laws require is that you use a reasonable amount of force equivalent to the perceived threat. In other words, if someone with a nail file attacks you, you may not use a bazooka in response.

Washington Self-Defense Laws

Washington self-defense laws recognize three types of lawful use of force. These are defense of self or others, excusable use of lethal force, and justifiable use of force. Let’s take a look at each one.

Lawful Use of Force

Use of force is legal, provided the individual exercising it uses a degree of force no greater than necessary to defend themselves or others. The person must be in a location they are lawfully entitled to be and not engaged in any unlawful activity. For instance, you cannot attack your drug dealer mid-transaction and pretend you were holding them until the cops got there.

An individual may use force:

• To prevent an attack on themselves, in defense of others, or in defense of their own personal or real property
• To detain a trespasser or observed felon while awaiting police custody with more force than necessary to restrain the individual safely
• To act as law enforcement officers in the course of their duty or civilians directed to assist law enforcement
• As a public carrier (bus driver, airline personnel) to remove passengers refusing to obey safety regulations with no more force than necessary

Excusable Homicide

An excusable homicide is a death that occurs as a result of an accident or a lawful action that unintentionally results in death. Situations where an accidental homicide does not lead to criminal charges are rare since they require both a lawful act and no proof of negligence.

Justifiable Homicide

Justifiable homicide is the use of deadly force in one of the following two instances:

• By a law enforcement officer acting in good faith in the course of their duties
• By a private citizen in lawful defense of themselves or others, in the reasonable belief they are in imminent danger of death or serious bodily harm at the time of the killing

Affirmative Defense

In Washington, a claim of self-defense is an affirmative defense. The defendant acknowledges they committed the offense but claims the victim’s actions justified the response. Against an affirmative defense, the prosecution must prove the case beyond a reasonable doubt. The defendant’s self-defense claim will attempt to negate one or more elements of the prosecution’s case, including:

• The situation is one that a reasonably prudent person would recognize as requiring the use of force
• A reasonable belief in imminent harm of great personal injury to themselves or others
• A use of force proportional to that used against them
• No duty or ability to retreat at the time of the incident

Stand Your Ground Laws

The state of Washington does not have a "stand your ground" law or impose a duty to retreat. A few states do impose a duty to retreat if a person can do so safely. In general, courts and juries look at the totality of circumstances surrounding a case.

For instance, while the law permits the use of force against malicious trespass within your home, it does not permit the use of force against trespassers on public property or who have left your property.

Non-Justifiable Use of Force

Washington statutes specifically disallow the so-called "gay panic" defense. A defendant may not claim the use of force was justified due to learning of the victim’s gender, sexual orientation, or gender preference.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify state law(s) before making any legal decisions.

Related Resources

These articles offer more information on self-defense laws.

• States That Have Stand Your Ground Laws
• Washington Manslaughter Laws
• Washington Gun Control Laws

Get Legal Advice From a Washington Criminal Defense Attorney

Self-defense and use of force are complicated topics. The laws around personal defense change constantly. If you have questions or face criminal charges you believe may be defendable as self-defense, get legal help from a Washington criminal defense lawyer.