Washington is not so different then Oregon when it comes to a situation as this as there still a requirement of imminent threat of life or limb and the forced used needs to be reasonable as seen by a reasonable man.
A person coming at you to fight that is of same size, strength and ability does not in itself allow for the use of deadly force.
As described in many articles one must be able to articulate how the follow applies to this situation; Ability; Opportunity; Jeopardy and all of these have to be present at that time and moment when the threat of life or limb is imminent.
A comment in this situation as to when a victim is charged or I would have done the same thing maybe more towards emotion then facts, we must choose facts not emotions.
Could you provide the WA citing for this please?
RCW 9A.16.010
Definitions.
In this chapter, unless a different meaning is plainly required:
(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.
(2) "Deadly force" means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury.
[1986 c 209 § 1; 1975 1st ex.s. c 260 § 9A.16.010.]
RCW 9A.16.020 Use of force — When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession,
in case the force is not more than is necessary;
(4)
Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;
(5) Whenever used by a carrier of passengers or the carrier's authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to the offender's personal safety;
(6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.
[1986 c 149 § 2; 1979 ex.s. c 244 § 7; 1977 ex.s. c 80 § 13; 1975 1st ex.s. c 260 §
9A.16.020.]
WPIC 17.02 Lawful Force—Defense of Self, Others, Property
It is a defense to a charge of __________ that the force [used][attempted][offered to be used] was lawful as defined in this instruction.
[The [use of][attempt to use][offer to use] force upon or toward the person of another is lawful when [used][attempted][offered] [by a person who reasonably believes that [he][she] is about to be injured] [by someone lawfully aiding a person who [he][she] reasonably believes is about to be injured] in preventing or attempting to prevent an offense against the person, and when the force is not more than is necessary.]
[The [use of][attempt to use][offer to use] force upon or toward the person of another is lawful when [used][attempted][offered] in preventing or attempting to prevent a malicious trespass or other malicious interference with real or personal property lawfully in that person's possession, and when the force is not more than is necessary.]
The person [using][or][offering to use] the force may employ such force and means as a reasonably prudent person would use under the same or similar conditions as they appeared to the person, taking into consideration all of the facts and circumstances known to the person at the time of [and prior to] the incident.
The [State][City][County] has the burden of proving beyond a reasonable doubt that the force [used][attempted][offered to be used] by the defendant was not lawful. If you find that the [State][City][County] has not proved the absence of this defense beyond a reasonable doubt, it will be your duty to return a verdict of not guilty [as to this charge].
Note all these quotes came through out the RCW Defenses and Pattern Jury Instructions with the same concept in mind.
- "amount of force used was reasonable to effect the lawful purpose intended"
- " in case the force is not more than is necessary"
- "Whenever reasonably used by a person"
- "and when the force is not more than is necessary."
- "employ such force and means as a reasonably prudent person would use under the same or similar conditions as they appeared to the person,"
Not all uses of force rise to the level of deadly force and has to be handled as such.
Some equate this to force of like kind in where you cannot use a base ball bat to stop someone from hitting you of like size, strength and ability, it would have to rise to a level of disparity of force or you have been injured so you can no longer protect yourself and you are in imminent fear of life or limb before it reaches to that level.
Granted if they had a weapon in hand, approaching and threatening you the level of deadly force has arrived, to having a Goliath type person, more then 1 that posed an imminent threat that level would have been reached sooner.
When it comes down to it, you will be judged by your peers and if they do not see what you are portraying then guess who looses, you.
Our firearms are tools of last choice and only when nothing else will stop the imminent threat of life or limb.