No Duty to Retreat Alive and Well

In another case of ‘stand your ground’ precedent, two Utah men who fatally shot would-be criminals over the weekend are not expected to face criminal charges for their actions. This comes on the heels of the well publicized Florida case involving George Zimmerman, who shot Trayvon Martin in ‘self defense’.

The Utah cases were separate incidents. In the first shooting, a man who possesses a concealed carry permit intervened when a carjacker jumped into a woman’s vehicle. The perpetrator was shot while lunging for the bystander’s gun, police say. In the second shooting, which occurred hours later, a homeowner shot a man who pounded on his front door in the middle of the night, climbed to a second-floor balcony and allegedly attempted to force his way into the home. Because Utah is a ‘stand your ground’ state, the shooters will likely be cleared of any wrongdoing in either of the incidents.

Utah allows for use of deadly force in public without a duty to walk away. It may not be wholly clear whether Washington state has such broad coverage for similar cases under our stand your ground policies, but pursuant to case law, our state Supreme Court has ruled that there is no duty to retreat when a person is assaulted in a place where they are lawfully allowed to be: State v. Studd, 137 Wn.2d 533 (1999), and in State v. Redmond, 150 Wn.2d 489 2003.

If arrested for a crime in Washington State it is imperative that you immediately contact a Seattle criminal defense attorney to protect your rights and interests. Even seemingly ‘silly’ cases are often taken seriously by the government, and they often will proceed on the case regardless of how silly it may seem. The Seattle criminal defense attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for assault, property destruction or some other crime, protect yourself … call SQ Attorneys immediately.

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