Yes, you can argue self-defense in a Washington domestic violence case, and if the court agrees, the state may be required to reimburse your legal fees. Here is what the law actually says and what it takes to make that argument hold up.
Washington law recognizes that not every altercation is one-sided and that being charged with domestic violence does not mean you were the aggressor. If you acted to protect yourself or someone else from imminent harm, self-defense may be a valid and powerful defense to your charge.
You may be scared, confused, and unsure whether anyone will believe your side of the story. David LaCross at LaCross Law has spent decades building exactly these kinds of defenses for people in Kitsap County. He has won domestic violence cases on self-defense, including a case where the jury awarded his client attorney fees after finding he had acted to protect himself.
What Are Domestic Violence Charges in Washington?
In Washington, domestic violence is not a separate crime but a label attached to certain offenses when they occur between individuals with a specific relationship. Domestic violence involves offenses like physical harm, threats, or harassment between:
- Spouses or domestic partners
- Former spouses or partners
- People who live together or used to live together
- Parents and children
- Individuals in a dating relationship
Being charged with domestic violence can impact many areas of your life, including your employment, reputation, and relationships. A criminal conviction can also result in protective orders and restrictions that complicate family dynamics. Having a reliable domestic violence attorney in Port Orchard to work on your case can make a significant difference.
What is Self-Defense?
Washington law allows individuals to protect themselves when faced with imminent harm. Self-defense is a legal defense that argues an individual’s actions were necessary to protect themselves or another person from physical harm. In a domestic violence case, this defense may apply if the accused can demonstrate they acted to prevent injury during an altercation.
One detail that most people do not know: self-defense in Washington shifts the burden of proof. The Washington Supreme Court has held that once self-defense is raised, the prosecution must disprove it beyond a reasonable doubt.
When Can Self-Defense Be Used in a Domestic Violence Case in Washington?
To argue self-defense, specific conditions must be met:
- Imminent Threat: You must have reasonably believed you were in immediate danger of being harmed. A threat does not have to have materialized yet. A reasonable fear of what was about to happen is enough.
- Proportional Force: The force used must be proportionate to the threat. For example, responding to a verbal argument with physical violence likely won’t be considered self-defense.
- Retreat is Not Required: Washington does not have a “duty to retreat,” meaning you are not required to flee from an attacker before using reasonable force to protect yourself.
- Defense of Others: If you acted to protect someone else from harm, such as a child or roommate, this can also support a self-defense claim.
Under RCW 9A.16.020, Washington allows the use of force in self-defense when a person reasonably believes they are in imminent danger of being harmed.
What Happens If You Win on Self-Defense
If you are found not guilty because the court determines you acted in self-defense, Washington State is required to reimburse you for reasonable costs, including your legal fees. That is not a guarantee of any particular outcome, but it is a meaningful part of the legal landscape that is worth understanding from the start.
Building a Self-Defense Argument
Successfully arguing self-defense requires more than simply claiming, “I acted to protect myself.” Your attorney will need to present compelling evidence that your actions were reasonable, given the situation. Key steps include:
1. Collecting Evidence
To successfully argue self-defense, gathering clear and compelling evidence is crucial. Strong documentation can support your claim and provide the court with a clearer picture of the incident. This evidence can include:
- Photographs of injuries
- Medical reports documenting wounds
- Witness statements supporting your version of events
- Any communications, including texts and voicemails that establish context
- Prior incident reports or documented history of the other party’s behavior
2. Analyzing the Incident
Review the timeline of events to establish that you were responding to an immediate threat. For instance, if you were cornered during an argument and had no way to avoid harm, this can support your self-defense claim.
3. Establishing Credibility
A history free of violence and actions that align with self-defense can strengthen your case. Character witnesses may also attest to your peaceful nature.
Challenges in Arguing Self-Defense in Domestic Violence Cases
Arguing self-defense in a domestic violence case comes with its own set of challenges. Prosecutors take domestic violence cases seriously, and they may be skeptical of self-defense claims. Common hurdles include:
- Conflicting Accounts: Domestic violence cases often come down to conflicting versions of events.
- Lack of Witnesses: These incidents typically occur behind closed doors, making it hard to gather outside testimony.
- Physical Evidence: If both parties sustained injuries, the prosecutor might argue that the violence was mutual rather than an act of self-defense.
- Washington’s mandatory arrest laws are aggressive: An arrest can be made on as little as one person’s statement. An arrest does not mean guilt, and it does not mean self-defense is off the table.
How David LaCross Builds a Self-Defense Case
Anyone can claim self-defense. David proves it. That means a thorough investigation of the incident, a careful review of all evidence, and a defense strategy built around the specific facts of your case.
He has won domestic violence cases at trial on self-defense grounds, including a case where the jury awarded his client attorney fees. Read about his results and what he has achieved for clients in Kitsap County.
Contact Our Domestic Violence Attorneys at LaCross Law
Domestic violence charges carry severe consequences, but if you acted in self-defense, this may be a valid argument in court. Building a strong defense requires careful preparation and credible evidence, which is why having the right legal team on your side is essential.
At LaCross Law, we are committed to providing compassionate, strong support when you need it most. If you or someone you know is facing domestic violence charges in Port Orchard, Washington, contact us at 360-447-9365 to explore your legal options. We are here to listen and help when you need us most.
Frequently Asked Questions About Self-Defense in Washington Domestic Violence Cases
1. Can self-defense be used in a domestic violence case in Washington?
Yes. Washington law under RCW 9A.16.020 allows the use of force in self-defense when a person reasonably believes they face imminent harm. This defense applies to domestic violence charges the same as any other assault charge. David LaCross has successfully argued self-defense in domestic violence cases in Kitsap County.
2. Do I have to prove I tried to escape before defending myself?
No. Washington does not have a duty to retreat. You are not required to flee before using reasonable force to protect yourself, and your attorney does not need to prove you tried.
3. What happens to the burden of proof when I raise self-defense?
Once self-defense is raised, the prosecution must disprove it beyond a reasonable doubt. You do not have to prove self-defense. The state has to prove it did not apply. This is one of the most important and least understood aspects of Washington’s self-defense law.
4. Can I still claim self-defense if we both had injuries?
Yes, though mutual injuries make the case more complex. The key question is who was the aggressor and whether your use of force was a reasonable response to an imminent threat. Contact LaCross Law to talk through the specifics of your situation.
5. Can I get my legal fees back if I win on self-defense?
Yes. If you are found not guilty because the court finds you acted in self-defense, Washington State is required to reimburse your reasonable costs, including legal fees. Talk to David LaCross about what that means for your case.
6. What evidence helps a self-defense claim in a domestic violence case?
Photographs of your injuries taken immediately after the incident, medical records, prior incident reports, witness statements, and any texts or voicemails that establish context can all strengthen your claim. The sooner you preserve this evidence, the better.
7. Should I hire a private attorney for a domestic violence self-defense case?
Yes. Self-defense cases require thorough investigation, careful evidence gathering, and a defense built around the specific facts of your situation. A public defender managing a heavy caseload may not have the time to build that case the way it needs to be built. Contact LaCross Law at 360-447-9365 for a free consultation.
