WA W.P.I.C. 17.02 Lawful Force—Defense of Self, Others, Property

WA W.P.I.C. 17.02 Lawful Force—Defense of Self, Others, Property

State: Washington

 

Washington Pattern Jury Instructions–Criminal (W.P.I.C.)

Part IV. Defenses  Chapter 17.  Lawful Force

WA  W.P.I.C. 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].

By | 2013-01-18T10:14:06+00:00 January 18th, 2013|Comments Off on WA W.P.I.C. 17.02 Lawful Force—Defense of Self, Others, Property