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Answers by, NavyLCDR and James M. "Jim" Mullins, Jr., Esq. ,
Hope this helps
See RCW Title 9A, Chapter 16.
James M. "Jim" Mullins, Jr., Esq.
Attorney, The Law Offices of James M. Mullins, Jr., PLLC
Founder and Past President, West Virginia Citizens Defense League, Inc.
__________________________________________________________
From NavyLCDR:
Castle doctrine, yes. No duty to retreat. You have to combine the statutes posted in RCW 9A.16 with RCW 9A.52 and you have castle doctrine and no duty to retreat established.
From: NavyLCDR
Originally Posted by ironmike86
"Washington"
"The statute in Washington state appears to be very simply and broadly stated.[25]
The law allows use of deadly force in the lawful defense of oneself, a family member, or any other person, when there is reasonable ground to prevent action(s) of the person slain to commit a felony or to do injury or harm, and there is imminent danger of such design being accomplished; or in the actual resistance of an attempt to commit a felony upon the slayer, on those in their presence, or upon or in a dwelling, or other place of abode, in which they are.
Washington state doesn’t have a specific Castle Doctrine law, but has no duty to retreat as precedent was set when the State Supreme Court found "that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be."
That's all I could find. So I would think no.
RCW 9A.52.010 defines "entry" for the purposes of burglary as an attempt to remove property with an instrument (prying off a screen, attempting to jimmy a door, pry open a window):
RCW 9A.52.010
Definitions.
The following definitions apply in this chapter:
(1) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property;
(2) "Enter". The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;
RCW 9A.52.025 establishes residential burglary as a felony:
RCW 9A.52.025
Residential burglary.
(1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.
(2) Residential burglary is a class B felony.
RCW 9A.16.050 justifies homicide in the case of a person defending themselves against a felony which may be imminent.
RCW 9A.16.050
Homicide — By other person — When justifiable.
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.
Those three statutes together clearly establish castle doctrine in Washington state. They were revised to their current wording as quoted in 2011, so maybe castle doctrine was more clearly established in Washington state this year.
