What are some of the legal defenses available for a violent crime charge?
In Washington, there are a few legal defenses available for individuals charged with violent crimes. Self-defense is a common defense used in cases involving an assault. In self-defense cases, the defendant must prove that they reasonably believed they were in danger of serious bodily harm, and that their actions were necessary to protect themselves. Furthermore, defense of others, where the defendant must prove that they were protecting another person from serious physical harm, may also be used in violent crime cases. Insanity is another defense that may be used in Washington violent crime cases. The defendant must convince the court that they suffered from a mental illness that prevented them from understanding the nature of their actions at the time of the offense. Similarly, the diminished capacity defense, where the defendant did not have the capacity to form the intent to commit the crime, may be used. Additionally, duress may be used as a defense in Washington state. The defendant must prove that they were threatened with serious harm and that they believed that they had no other choice but to commit the crime. Lastly, the statute of limitations, which is the maximum amount of time that a criminal charge may be brought, may also act as a legal defense. Depending on the state law, the statute of limitations for a violent crime charge may be anywhere from two to six years.
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