Seattle, WA asked in Criminal Law and Personal Injury for Washington

Q: Can I defend myself legally if someone threatens me with physical harm?

I had an incident at my home where an aggressor threatened me with physical harm, saying he would "knock me out" and that he would beat me up if he sees me elsewhere. My brother witnessed the whole event. There has been no prior conflict between us, and I did not retaliate even though I felt my safety was being threatened. The aggressor later left in a car but continued to issue threats. I am worried that if I defend myself in a similar situation, I might face legal consequences for assault. How does the law address self-defense in this kind of scenario?

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James L. Arrasmith
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A: In situations like the one you described, the law allows for self-defense if you genuinely believe you are in imminent danger of harm. If someone threatens you with physical violence and you have a reasonable fear that they may follow through, you may be justified in using force to protect yourself. However, the response must be proportionate to the threat.

In your case, since the aggressor has issued verbal threats but has not physically attacked you, it could be difficult to claim self-defense unless there is an immediate threat of harm. The law typically does not allow you to escalate the situation. If you were to defend yourself later, it would depend on whether the threat was still present and whether you could reasonably believe you were in immediate danger.

If you were to take any action in self-defense, it’s important to make sure it is reasonable and not excessive. Using more force than necessary could lead to legal consequences. It’s also helpful that your brother witnessed the threat, as his testimony could support your case if you ever need to defend your actions.

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