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If a person is in your face screaming and cussing and wont back up when asked is it legal to push them away from you?
Anonymous7 views8 answers
Assuming your facts are correct, you were legally entitled to defend yourself.
Under the Washington Pattern Jury Instructions (WPIC) and case law, self-defense upon or toward the person of another is lawful when used by a person who reasonably believes that they are about to be injured by someone lawfully aiding a person who he or 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 defendant has the burden of proving self-defense by a preponderance of the evidence. The State has the burden of proving the defendant "went too far" in defending himself.
Depending on the facts of the case, you may also seek the "No Duty to Retreat" defense. Under this defense, it is lawful for a person who is in a place where that person has a right to be and who has reasonable grounds for believing that they are being attacked to stand their ground and defend against such an attack. Also, under the "Actual Danger Not Necessary" defense, you could be entitled to act on the attacker's appearances in defending yourself or another if you believe in good faith and on reasonable grounds that you are in actual danger of injury, although it afterwards might develop that you were mistaken as to the extent of the danger. Actual danger is not necessary for the use of force to be lawful.
Here, it appears you became frightened that an aggressive meth user was getting in your face; and in your home to boot. This would make ANY reasonable person fearful.
For more information, please read my Legal Guide titled, "Self-Defense." It contains links to the "Self-Defense" Jury Instruction, "Actual Danger Not Necessary" Jury Instruction and "No Duty To Retreat" Jury Instruction. And please contact me if you have questions. Good luck!
Alexander Floyd RansomCriminal Defense AttorneyBellingham, WA ·
Assuming your facts are correct, you were legally entitled to defend yourself.
Under the Washington Pattern Jury Instructions (WPIC) and case law, self-defense upon or toward the person of another is lawful when used by a person who reasonably believes that they are about to be injured by someone lawfully aiding a person who he or 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 defendant has the burden of proving self-defense by a preponderance of the evidence. The State has the burden of proving the defendant "went too far" in defending himself.
Depending on the facts of the case, you may also seek the "No Duty to Retreat" defense. Under this defense, it is lawful for a person who is in a place where that person has a right to be and who has reasonable grounds for believing that they are being attacked to stand their ground and defend against such an attack. Also, under the "Actual Danger Not Necessary" defense, you could be entitled to act on the attacker's appearances in defending yourself or another if you believe in good faith and on reasonable grounds that you are in actual danger of injury, although it afterwards might develop that you were mistaken as to the extent of the danger. Actual danger is not necessary for the use of force to be lawful.
Here, it appears you became frightened that an aggressive meth user was getting in your face; and in your home to boot. This would make ANY reasonable person fearful.
For more information, please read my Legal Guide titled, "Self-Defense." It contains links to the "Self-Defense" Jury Instruction, "Actual Danger Not Necessary" Jury Instruction and "No Duty To Retreat" Jury Instruction. And please contact me if you have questions. Good luck!
The general rule in this situation is that pushing someone for being in your face would be an assault. Depending on the circumstances, you might have some defenses. Did this person also live there? Were you trying to get him to leave for smoking meth in your house? Why didn't you just call the cops on him for the meth use? Were you afraid that he might hurt you or someone else? I am not looking for answers to these questions, especially for any questions where the answers might incriminate you. Instead, what I would suggest is that you think about these questions, and then discuss the entire situation with an attorney. Most attorneys in your area will at least offer you an initial consultation for free. They can get more details than you can safely put on a public forum such as this one, and try to determine whether you might have a defense. Keep in mind, that without reviewing the police reports and possibly interviewing the alleged victim, none of us really can say how good a defense you might have. I wish you luck though.
You should legally be able to do what you describe without facing prosecution. I'm guessing the guy who got pushed isn't telling the same story you are. In a situation like this, you need an experienced attorney to help you out.
Under Washington law you are allowed to use "reasonable force" if you are being assaulted or have a reasonable believe that you're about to be assaulted. You cannot push the person simply because you are annoyed or pissed off.
On the very limited facts you have provided, and on your side of the story only, it would seem that you have a fairly good self-defense claim. Unfortunately, once police reports are filed and charges made it is the rare prosecutor that will simply dismiss an assault charge. It is very possible that you may find your self in front of a jury on this case. With that in mind, please retain an attorney that has experience with these kinds of cases.
You are allowed to use reasonable force when your life/safety is placed in danger but no more than is reasonable or necessary. The amount of force really depends on the situation and the circumstances. For example, you obviously cannot use a weapon unless you have a reasonable immediate fear for your life or the life of others. In your situation, you are in your own home with a man smoking meth in your home who is getting in your face. It sounds like you tried to use words but it didn't work. In my opinion, pushing him out of your house in that situation certainly sounds both reasonable and lawful to me.
