Self-Defense Laws in Washington
Whether Washington has a duty to retreat or a stand your ground law, and how the castle doctrine applies at home.
Short answer: No duty to retreat (case law). 'The law is well settled that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be.' A no-duty-to-retreat jury instruction should be given when sufficient evidence supports it. State v. Redmond, 150 Wn.2d 489, 493 (2003), as quoted in State v. Hanson, No. 39038-1-III (Wash. Ct. App. 2024) (unpublished); RCW 9A.16.050(1)
| Stand your ground / duty to retreat | No duty to retreat (case law). 'The law is well settled that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be.' A no-duty-to-retreat jury instruction should be given when sufficient evidence supports it. By statute, homicide is justifiable in lawful defense of the slayer, a family member or anyone in the slayer's presence or company when there is reasonable ground to apprehend a design to commit a felony or to do great personal injury and imminent danger of such design being accomplished. Statute: https://app.leg.wa.gov/RCW/default.aspx?cite=9A.16.050 |
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| Castle doctrine (defending your home) | Homicide is justifiable when committed in the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is. No person in Washington shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime. A person found not guilty by reason of self-defense must be reimbursed by the state for reasonable costs, including loss of time, legal fees and other expenses (the claim must be sustained by a preponderance of the evidence; the judge may deny or reduce the award if the defendant engaged in criminal conduct substantially related to the events). Justifiable homicide: https://app.leg.wa.gov/RCW/default.aspx?cite=9A.16.050 Source: RCW 9A.16.050(2), 9A.16.110 |
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FAQ
Is Washington a stand your ground state?
No duty to retreat (case law). 'The law is well settled that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be.' A no-duty-to-retreat jury instruction should be given when sufficient evidence supports it. By statute, homicide is justifiable in lawful defense of the slayer, a family member or anyone in the slayer's presence or company when there is reasonable ground to apprehend a design to commit a felony or to do great personal injury and imminent danger of such design being accomplished.
Does Washington have a castle doctrine?
Homicide is justifiable when committed in the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is. No person in Washington shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime. A person found not guilty by reason of self-defense must be reimbursed by the state for reasonable costs, including loss of time, legal fees and other expenses (the claim must be sustained by a preponderance of the evidence; the judge may deny or reduce the award if the defendant engaged in criminal conduct substantially related to the events).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.