Self Defense Shootings: Protecting Yourself and Your Rights

Apr 11

Self Defense Shootings: Protecting Yourself and Your Rights

If you shot someone in self-defense, you may not know what to do next. State prosecutors may not believe that you acted in self-defense. As such, you can face charges of manslaughter, assault, and even murder. What can you do when this happens, and what are your rights?

In Washington, you must have a valid permit or license to carry a concealed and loaded handgun. Concealed carry is legal for residents of the state, provided you have this permit. If you are looking to carry a firearm openly, you can do so without a permit or license.

While the state does protect the right to bear arms, you cannot use this weapon to intimidate or hurt people. If you do, you face serious and sometimes lifelong consequences for your actions.

What About Self Defense?

A self-defense shooting occurs when the owner of a firearm uses this weapon to protect themselves from another person and perceived or real harm. They must have reasonable grounds for suspecting that they were in danger of being really hurt or killed in order for the defense of “self-defense” to hold up in court.

According to RCW 9A.16.020, Washington residents can legally use force in certain situations, including:

Self Defense
Defense of Others
Defense of Property

The state specifically protects people who are trying to protect themselves, someone else, or their property. However, sometimes law enforcement does not believe that the owner of the firearm acted in self-defense. As such, they may press charges or bring them into custody after a serious or deadly event. When this occurs, an innocent person may find themselves thrust into the criminal justice system.

To win these types of cases, it is imperative that you speak to an experienced Seattle criminal defense lawyer. With so much at stake, you do not have the luxury of waiting to see how it plays out. If you are convicted, you could face a lifetime behind bars.

Winning Your Case on the Grounds of Self Defense

In order to win your case, your attorney must show that you did not use more force than necessary given the situation. However, you do not have to show that you attempted to retreat or flee.

For example, if someone breaks into your home, then you are allowed to stay inside your home and defend yourself and your property. This is known as the “Stand Your Ground” rule, and it can help you establish self-defense in many situations.

The Stand Your Ground Rule and the Castle Doctrine both give individuals the right to use justifiable force and not retreat when they are in a place where they have a right to be.

The key points of your case will be that you:
Had a legal right to be where you were
That you had reason to believe that you were in danger
That you did not use more force than necessary

Once your criminal defense attorney establishes some evidence to show that you were demonstrating self-defense, the burden shifts to the prosecution. The prosecution must show the absence of self-defense beyond a reasonable doubt.

The courts will then instruct the jury to consider both the objective and subjective aspects of the case. In other words, the jury will need to put themselves in your shoes and consider all the facts known to you at the time of the attack. Do they believe there was a reasonable belief of imminent harm? Do they believe you used reasonable force?

Contact Our Experienced Seattle Criminal Defense Lawyers

The Seattle criminal defense attorneys at Lewis & Laws have defended numerous individuals who have been charged with crimes in Seattle, Bellevue, Everett, and across the state. We know that acting in self-defense is necessary sometimes. We also know that this can land you in serious legal trouble with law enforcement. You deserve to protect yourself, and we can help protect your rights and keep you from paying an unnecessary price.