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Common Defenses in Criminal Cases: What You Should Know

Metro Law Firm Dec. 17, 2024

Facing criminal charges often feels isolating, but it’s important to remember that you don’t have to go through this alone or without any resources. There are established defenses that might apply to your situation. Knowing these defenses can empower you to make informed decisions about your case.

At Metro Law Firm, I strive to help individuals in Kennewick, Washington, who are facing criminal charges understand their options and rights. I understand how stressful and uncertain this time can be for you and your loved ones. My goal is to help you feel supported, informed, and prepared as we face the legal process together.

Self-Defense

Self-defense is one of the most common defenses in criminal cases, particularly those involving violent crimes. Washington law allows you to defend yourself or others if you reasonably believe you’re in imminent danger. The key here is reasonableness—your response must be proportional to the threat you face. 

For example, using force to prevent an assault may be lawful if the force matches the perceived danger. Self-defense cases often hinge on evidence, such as witness testimony or surveillance footage, that demonstrates the threat you were under. 

It's crucial to act within legal boundaries when defending yourself, as excessive force could weaken your argument. This defense can also extend to defending property, though the law in Washington places stricter limits on such cases. 

Understanding how self-defense applies can clarify your options when you’ve been accused of a violent crime. Next, let's consider cases where mistaken identity may be involved.

Mistaken Identity

Mistaken identity occurs when someone is wrongly accused of a crime because they resemble the actual perpetrator. This defense often arises in cases where witnesses provide unclear or inaccurate descriptions, or where forensic evidence is misinterpreted. 

Proving mistaken identity typically involves presenting alibi evidence, such as documentation or testimony showing you were elsewhere when the crime occurred. Cross-examining witnesses to highlight inconsistencies in their statements can also be effective. 

In Washington, identifying errors in forensic testing can strengthen this defense, especially in cases relying heavily on DNA or fingerprint analysis. Mistaken identity demonstrates how critical it is to scrutinize evidence thoroughly. Next, I'll explore how Washington law views consent as a defense.

Consent

Consent can serve as a defense in certain cases, particularly those involving allegations of assault or theft. In these instances, the accused may argue that the alleged victim agreed to the act in question. Washington law requires clear and voluntary agreement for this defense to hold up. 

Consent cases often rely on communication records or prior agreements to support the defense. For example, text messages or emails might show mutual understanding between the parties. 

It's essential to approach these cases carefully, as the lack of explicit consent can quickly undermine this argument. This defense illustrates the importance of understanding agreements in the context of alleged crimes. Let’s now look at how Washington law handles entrapment.

Entrapment

Entrapment occurs when law enforcement persuades someone to commit a crime they wouldn't have otherwise committed. Washington law prohibits officers from inducing illegal acts through coercion or manipulation. 

This defense requires proving that the idea for the crime originated with law enforcement and that you weren’t predisposed to commit the act. Evidence such as recorded conversations or police reports may support this argument. 

However, entrapment doesn’t apply if you were already planning the crime and law enforcement simply provided the opportunity. Entrapment cases highlight the balance between legitimate policing and individual rights. Let’s now turn to cases involving intoxication.

Intoxication

Voluntary or involuntary intoxication may serve as a defense in certain criminal cases in Washington. While voluntary intoxication rarely absolves someone of liability, it can sometimes reduce the severity of charges by demonstrating a lack of intent. 

Voluntary intoxication defenses are often limited in their application, as Washington law typically holds individuals accountable for their actions even when impaired. However, demonstrating that intoxication negated the intent to commit a specific crime can sometimes result in reduced charges. 

For example, proving that your intoxication prevented you from forming a deliberate plan to commit a crime might shift how the charges are assessed. Involuntary intoxication, on the other hand, occurs when someone is drugged or unknowingly consumes substances that impair their judgment. 

This defense can be particularly strong if you can provide evidence, such as medical records or witness testimony, showing you were under the influence without your knowledge. Intoxication defenses are often misunderstood, but they may apply under specific circumstances. Moving forward, let’s examine the defense of necessity.

Necessity

The necessity defense is based on the principle that unlawful actions can sometimes be justified to prevent greater harm. For example, if someone trespasses on private property to escape immediate danger, this defense might apply. 

To use necessity as a defense in Washington, you must show that the actions you’ve been accused of taking were directly aimed at avoiding significant harm and that no legal alternatives were available. 

Evidence such as emergency reports or eyewitness accounts can support this argument. Necessity underscores how context matters in criminal cases. Below, I'll share key considerations to keep in mind if you’re facing criminal charges.

Key Considerations When Facing Criminal Charges

When dealing with criminal charges, there are several important factors to remember:

  • Understand the charges against you: Take time to learn what you’re accused of and the potential penalties.

  • Avoid self-incrimination: Refrain from discussing the case without legal representation.

  • Document everything: Keep a detailed record of events, evidence, and witnesses that could help your defense.

  • Act quickly: Time is critical when building a defense, so consult an attorney as soon as possible.

These steps can help you approach your case with more clarity and confidence. Let’s now address some frequently asked questions about criminal defenses in Washington.

Frequently Asked Questions About Criminal Defense

Understanding common questions about criminal defenses can help clarify the legal process and the options available to you. Below are answers to some of the most frequently asked questions I hear from clients facing criminal charges in Washington:

  • What should I do if accused of a crime I didn’t commit?
    Remain calm and contact a criminal defense attorney immediately. Avoid speaking to law enforcement without legal representation.

  • Can I defend myself in court without a lawyer?
    While it’s legally possible, representing yourself is risky. A defense attorney can help you understand the law and build a strong case.

  • What’s the difference between voluntary and involuntary intoxication defenses?
    Voluntary intoxication may reduce charges by showing a lack of intent, while involuntary intoxication typically applies when someone is unknowingly drugged.

  • How can I prove self-defense?
    Evidence such as witness testimony, medical records, or video footage can demonstrate the threat you faced and the proportionality of your response.

  • Does Washington law recognize insanity as a defense?
    Yes, but it’s a complicated defense that requires proving you were unable to understand the nature of your actions due to a mental condition.

These questions highlight the nuances of criminal defense and the importance of personalized legal guidance. 

As a criminal defense attorney in Richland, Washington, I aim to offer clear, supportive guidance to those facing criminal charges. Whether your case involves self-defense, mistaken identity, or another defense, I strive to tailor my approach to meet your needs. Let’s conclude by discussing your next steps forward.

Call Me if You’re Facing Criminal Charges in the Tri-Cities

If you’re facing criminal charges in the Tri-Cities of Kennewick, Pasco, Richland, or the surrounding areas including Benton-Franklin County, Yakima County, Walla Walla County, or Seattle, Washington, don’t hesitate to seek me out. Call me at Metro Law Firm, where I strive to offer the right representation to help you through these issues.