Facing Charges? Here Are the Most Common Criminal Defenses in Washington

There are several different defenses that are used in criminal cases. These defenses have a threshold to meet the criteria of the defense.

• Defense of Insanity – According to Washington state law RCW 9A.12.010, in order to establish the defense of insanity, the defendant must show the following:
  • At the time of committing the offense, the result of mental disease or defect of the mind was the actor:
    1. The defendant was unable “to perceive the nature and quality of the act with which he or she is charged; or
    2. He or she was unable to tell right from wrong with reference to the particular act charged.
  • The insanity defense argues that the defendant should not be held responsible for his or her actions due to having a mental condition at the time of the offense. Mental disease or defect does not include voluntary intoxication or character defects. The inability to perceive means that because of the mental disease or defect, the defendant is unable to see the nature of the crime and that they are unable to tell right from wrong. To prove that a defendant has a mental condition, the lawyer will likely hire an expert psychiatrist to review all prior documents involving the mental condition of the defendant and evaluate the defendant. This defense must be established by preponderance of evidence meaning that the evidence shows more likely true than not true. A successful insanity defense in court often results in commitment to a psychiatric institution and it can last up to the maximum sentence for the crime charged instead of serving a traditional prison sentence.

• Alibi Defense – An alibi is a legal defense in which the defendant claims that he or she was “somewhere else” when a crime occurred and therefore making it impossible for he or she to have committed the crime. In such a defense, the criminal defense attorney is required to provide credible evidence such as a witness testimony (statements from individuals who can confirm the defendant’s location at the time of the committed crime), documentary evidence (receipts, tickets, employment time cards, etc.), or electronic records (such as GPS data from phone or car, credit card records, etc.). Essentially an alibi defense raises reasonable doubt and challenges the prosecutor’s ability to prove guilt at all by negating the defendant’s presence at the time the crime was committed.

• Necessity Defense – This defense is used when a defendant commits a crime to prevent greater harm. The Washington Pattern Jury Instructions (WPIC) 18.02 provides the definition of using this defense. In order for this defense to be effective, the defendant must have reasonably believed there was no other option to avoid the greater harm. An example of this would be, if someone trespasses on a private property to escape a person who is running after them, this defense might apply. To use this defense, the defendant must provide evidence that the actions he or she is being accused of taking were directly to avoid harm and there were no other alternatives. The defendant has the burden of proving this defense by preponderance of evidence.

• Self Defense – To establish this defense, the defendant admits to committing the crime but justifies it to protect himself or herself from imminent harm. The defendant used force to protect themselves or other from imminent harm. RCW 9A.16.020. Imminent threat is defined as reasonable belief that he or she, or another person, is in immediate danger or bodily harm or death. The force used to defend yourself should be proportionate to the threat. Ex: responding to a push with deadly force is considered excessive and disproportionate. These types of cases often hinge on evidence such as witness testimony or surveillance footage. It is crucial to act within the legal boundaries when defending yourself and not use excessive force as this could weaken your argument. Based on Washington law, this defense also extends to defending your property.

If you’re facing criminal charges in Whatcom or Skagit County, please call Powers Law Group PLLC at 360-419-0809 for a consultation with one of our experienced trial attorneys today!