The Evidence You Need for a Self-Defense Instruction in Washington
A spilled beer at a bar escalated to a physical conflict and ultimately led to Edilberto Guzman-Morales, a customer, stabbing a guard. In the customer’s assault trial, he argued unsuccessfully for a jury instruction about self-defense. The Washington Court of Appeals upheld the decision not to issue the instruction. The defendant must have enough evidenced to get this jury instruction, which our attorneys can present.
To avoid the same situation as Guzman-Morales and get a jury instruction for self-defense, let our lawyers handle your case and provide some credible evidence that indicates self-defense. This evidence must show three things to justify using a deadly weapon in self-defense. First, that the accused feared they were in “imminent danger of death or great bodily harm.” Second, that this fear was “objectively reasonable.” And third, that the accused used only as much force as was “reasonably necessary.”
For help with your case from our Washington criminal defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.
What is a Self-Defense Jury Instruction in Washington?
A defendant is entitled to a self-defense instruction if there is any foundation in the evidence that the defendant acted in self-defense, no matter how weak the evidence may be, provided they were faced with an immediate use of force. When this happens, the judge gives the jury a self-defense instruction, explaining what is necessary to prove self-defense. The judge may repeat self-defense instructions multiple times, especially before jury deliberations.
In their instruction, the judge will tell the jury that the defendant would be justified in using force if they reasonably believed they faced imminent danger. The judge will also instruct the jury that the defendant may only use a reasonable amount of force to defend themselves, no more than necessary.
The judge will also remind the jury that it’s the prosecution’s duty to prove beyond a reasonable doubt that the defendant is guilty. However, self-defense is an affirmative defense, meaning it’s our burden to convince the jury of our case by a “preponderance of the evidence,” or prove it is more likely than not that you were acting in self-defense.
Is Witness Testimony Good Evidence for Self-Defense Instruction in Washington?
Eyewitness testimony is strong evidence that a defendant was acting in self-defense and should prompt the judge to provide a self-defense instruction to the jury at the end of the trial and before deliberations. Tell us about anyone who can corroborate your version of events and may testify during a trial.
Witness testimony is common evidence in assault cases. The prosecution will likely present their own witnesses, and our lawyers can prepare with eyewitnesses and experts of our own.
Otherwise, as in the 2016 Washington criminal trial of Edilberto Guzman-Morales, it may be more challenging to obtain a self-defense jury instruction.
At Guzman-Morales’s trial for assault with a deadly weapon, there was a dispute about exactly what happened in the altercation when the customer stabbed the guard. The guard testified that the defendant stabbed him, after which he placed the defendant in a chokehold. Unable to present witness testimony or other evidence to the contrary, Guzman-Morales was unable to persuade the judge to give the jury a self-defense instruction.
Is Video Footage Enough Evidence to Get a Self-Defense Instruction?
Video footage may be enough to get the judge to give the jury a self-defense instruction. If the altercation occurred at a bar or nightclub, as in the case of Guzman-Morales, there may be security camera footage that we can review.
Video footage can be useful, but only when it clearly shows the sequence of events. Blurry footage or footage filmed from a bad angle may not provide all the context we need to obtain a self-defense jury instruction.
Video footage isn’t always enough, however. In the case of Guzman-Morales, the video evidence appeared to show the defendant striking the guard on the hip, which was inconsistent with the guard’s wound location (his right inner thigh). Based upon this, Guzman-Morales asked the trial judge to include a jury instruction for self-defense.
According to Guzman-Morales’s attorneys, because of the conflicting video and eyewitness evidence, the jury could reasonably conclude that the defendant did not stab the guard until after the guard put him in a chokehold.
The trial judge rejected this request, though, as Guzman-Morales still needed evidence establishing that he stabbed the guard after being placed in the chokehold.
The mere fact that the video was not clear in showing the stabbing taking place before the guard administered the chokehold did not mean that it affirmatively showed the version of events that the defendant claimed in support of a self-defense instruction. On appeal, the conviction stood.
Do You Need Medical Records for a Self-Defense Jury Instruction?
Medical records can greatly support self-defense arguments and give context that justifies the defendant’s response. Medical records may prove the defendant suffered defensive wounds to the hands, arms, fingers, and even lower limbs, suggesting they were not the attacker, but instead, the attacked.
You don’t necessarily need medical records to get a self-defense jury instruction, but this evidence can help. It can also explain why you have certain wounds on your body that law enforcement misinterpreted.
How Much Evidence Do You Need to Get Self-Defense Instruction in Washington?
To obtain self-defense instruction for the jury at the end of your Washington criminal trial, we must introduce evidence that establishes a foundation for our defense. While the more evidence we have that proves self-defense, the better, we don’t have to prove anything beyond a reasonable doubt to get a self-defense jury instruction or not-guilty verdict; that’s the prosecution’s job.
Although even having weak or undisputed evidence may lead to self-defense jury instructions at the end of a trial, these instructions are not guaranteed, as seen in Guzman-Morales’s case. Let our lawyers organize the evidence necessary to prove self-defense or poke holes in the prosecution’s case, ensuring the judge thoroughly explains the key elements of self-defense to the jury.
What if You Don’t Have Enough Evidence for a Self-Defense Instruction
If you don’t have enough evidence for a self-defense instruction, the judge will not give it at any point during your case. When there isn’t enough evidence for this defense, our lawyers may use other legal arguments to help defendants avoid harsh consequences.
Guzman-Morales needed some evidence that the guard placed him in a chokehold first, that the chokehold gave him an objectively reasonable fear for his life, and that stabbing the guard was reasonable force. He failed to produce this evidence, thereby falling short of the requirement for a self-defense jury instruction. The jury couldn’t consider self-defense, and Guzman-Morales was convicted of the charges. If Guzman-Morales had testified to these facts, it would have significantly changed the analysis in his case.
If you or a loved one is facing a criminal trial in Washington, it is important to understand the evidence you’ll need to win the case. To build a strong defense, contact our Pierce County and Tacoma criminal defense attorneys right away.
Call Our Washington Criminal Defense Lawyers
For help with your case from our Washington criminal defense attorneys, call the Law Offices of Smith & White at (253) 203-1645 today.