Understanding Washington State’s “Affirmative Defense”

In criminal law, an affirmative defense is a legal strategy used by the defense to argue that, even if the prosecution’s claims are true, the defendant should not be held criminally liable due to specific circumstances or conditions. These defenses do not deny the occurrence of the alleged crime but rather assert that, under the law, the defendant is justified or excused from criminal responsibility. In Washington State, several affirmative defenses can play a crucial role in influencing the outcome of a criminal trial.

What is an Affirmative Defense?

An affirmative defense is a type of defense where the defendant acknowledges the facts of the case but presents additional evidence or arguments that justify or excuse their actions. Unlike other defenses that focus on disproving the prosecution’s case, affirmative defenses seek to establish a legal justification for the defendant’s behavior.

In Washington State, affirmative defenses include self-defense, insanity, duress, and entrapment, among others. Each of these defenses provides a different basis for arguing that the defendant should not be convicted.

Common Affirmative Defenses in Washington State

1. Self-Defense

Self-defense is one of the most common affirmative defenses used in criminal cases. Under Washington State law, a defendant may claim self-defense if they reasonably believe that they are in imminent danger of being harmed and use force to protect themselves. The force used must be proportional to the threat faced. For example, if someone is being physically attacked, they may use reasonable force to defend themselves, but excessive force beyond what is necessary may undermine the defense.

To successfully claim self-defense, the defendant must demonstrate that their actions were reasonable under the circumstances. This often involves proving that they had a genuine fear for their safety and that their response was proportional to the threat.

2. Insanity

The insanity defense is used when a defendant asserts that they should not be held criminally responsible for their actions due to a severe mental illness at the time of the offense. In Washington State, the insanity defense requires the defendant to prove that they were suffering from a mental disorder that prevented them from understanding the nature of their actions or from knowing that their actions were wrong.

The burden of proof for the insanity defense is on the defendant, who must provide evidence from mental health professionals to support their claim. If successful, the defendant may be found not guilty by reason of insanity, which typically leads to commitment to a mental health facility rather than a prison sentence.

3. Duress

Duress is a defense used when a defendant claims they were forced to commit a crime under threat of imminent harm. In Washington State, the duress defense asserts that the defendant acted under coercion from another person, and they had no reasonable opportunity to escape the situation or refuse to comply.

To establish duress, the defendant must prove that they were under an immediate threat of serious harm, had no reasonable way to avoid the threat, and did not use more force than necessary to avoid the harm.

4. Entrapment

Entrapment occurs when a defendant argues that they were induced or coerced into committing a crime by law enforcement agents who would not have otherwise committed the offense. In Washington State, the entrapment defense is available if the defendant can show that they were lured into committing the crime by the government and were not predisposed to commit the offense before the law enforcement intervention.

How Affirmative Defenses Impact a Trial

Affirmative defenses can significantly impact the outcome of a criminal trial. Successfully asserting an affirmative defense can lead to a not guilty verdict or a reduced charge. However, the defendant carries the burden of proving the affirmative defense, and the evidence presented must be compelling enough to sway the judge or jury.

The use of an affirmative defense also influences trial strategy. For example, if self-defense is claimed, the defense may focus on presenting evidence of the threat faced and the proportionality of the response. Similarly, an insanity defense will involve expert testimony to establish the defendant’s mental state at the time of the offense.

How the Law Office of Erin Bradley McAleer Can Assist

At the Law Office of Erin Bradley McAleer, we are experienced in handling cases involving affirmative defenses. Our team will work closely with you to evaluate the specifics of your case and determine the most appropriate defense strategy. We will gather evidence, consult with experts, and build a strong case to support your affirmative defense.

If you are facing criminal charges and believe that an affirmative defense may be applicable, contact us at (360) 334-6277.