Can I Use Deadly Force Against a Home Intruder in Washington State?

Published on September 19, 2021
Duration: 8:54

In Washington State, the use of deadly force against a home intruder is legally justifiable under specific circumstances outlined in RCW 9.16.050. This includes situations where there is a reasonable belief of an imminent threat of death or serious bodily injury, or when resisting an attempt to commit a felony in one's dwelling. The law differentiates between defending property and defending oneself or others from harm.

Quick Summary

In Washington State, you may legally use deadly force against a home intruder if they are committing a felony within your dwelling or if you reasonably believe they pose an imminent threat of death or serious bodily injury. This is governed by RCW 9.16.050, which requires the force used to be necessary, reasonable, and proportional to the threat.

Chapters

  1. 00:03Introduction to Washington Gun Law TV
  2. 00:25Question: Can I Use Deadly Force Against a Home Intruder?
  3. 01:24Disclaimer: No Bright Line Answer
  4. 02:26General Principles of Use of Force in WA
  5. 03:03Rule for Use of Deadly Force
  6. 03:23Deadly Force for Property vs. Self-Defense
  7. 03:55The Home Burglar Scenario
  8. 04:31RCW 9.16.050 Explained
  9. 04:45RCW 9.16.050 Subsection 1: Defense of Self/Others
  10. 05:21RCW 9.16.050 Subsection 2: Resisting Felony in Dwelling
  11. 05:54Home Intruder as Felony of Residential Burglary
  12. 06:23Distinguishing Trespassing from Home Invasion
  13. 07:15Difference Between Right to Do and Should Do
  14. 07:56Summary: Deadly Force Against Home Intruder
  15. 08:23Contact Washington Gun Law

Frequently Asked Questions

Can I use deadly force against a home intruder in Washington State?

In Washington State, you may be able to use deadly force against a home intruder if they are committing a felony in your presence within your dwelling, or if you reasonably believe they pose an imminent threat of death or serious bodily injury. This is governed by RCW 9.16.050, which requires the use of force to be necessary, reasonable, and proportional.

What is the legal justification for using deadly force against an intruder in Washington?

Washington law, specifically RCW 9.16.050, justifies homicide when committed in defense of oneself or others against an imminent threat of death or serious bodily injury, or when resisting a felony being committed in one's dwelling. A home intruder is typically committing residential burglary, a felony.

Can I use deadly force to protect my property from a burglar in Washington?

No, Washington law does not permit the use of deadly force solely to protect property. While you can use reasonable force to defend property, deadly force is only justifiable when there is an imminent threat to life or serious bodily injury.

What is the difference between trespassing and home invasion regarding self-defense in Washington?

Trespassing on property does not typically justify deadly force as it doesn't pose an imminent threat of death or serious bodily injury. However, when an intruder breaks into your home and enters your dwelling, they are committing residential burglary, a felony, which significantly changes the legal justification for using deadly force.

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