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"I was defending myself and the police arrested me!"
"_______ was out of control, so I _______ arm and they arrested me."
"I called the police and they arrested me!"
"_______ had marks on _______ so they arrested me."
"I tried to leave the situation, ______ tried to stop me and they arrested me."
- Actual client statements.

When someone is charged with a crime, juries don't watch a videotape of what happened and render a verdict. Juries are told what happened: they listen to testimony from witnesses and police officers about the facts the court deems "relevant". It is important that your lawyer persuasively tell your story in a way that is compelling and accurate. It is also equally important the jury is given the right law to apply to those facts.

The law doesn't say if you claim self-defense you get to tell the jury about it. The law wants to discourage frivolous claims and so requires you show the judge credible evidence that such a defense exists. In short, to get a self-defense claim, you have to claim it and provide some proof that the claim is credible or the judge can prevent you from telling the jury about it. Your criminal defense lawyer must be experience to effectively advocate your position. We have handled hundreds of Assault cases in this office and have a proven track record.

In general the law says self defense is force "used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary." RCW 9A.16.020,

The law is very specific about self defense instructions: if you do not qualify for a self defense instruction, you will not be able to tell that part of your story to the jury as it will be deemed "irrelevant". Courts and case law have spent thousands of hours defining every nuance of what self-defense means. For example, evidence of self-defense incorporates both an objective and subjective elements: the subjective portion requires a jury to stand in the shoes of defendant and consider all facts and circumstances known to him or her, while the objective portion require juries to use this information to determine what a reasonably prudent person similarly situated would have done. Your lawyer must have experience and sufficient understanding of all the nuances of a self-defense instruction to assure the judge gives you one and the jury understands it.

Police officers are not always right and they also work in a State that requires "mandatory arrest" if the "primary aggressor can be determined" within 4 hours of the incident. RCW 10.31.110. When a police officer arrests someone for domestic violence, this decision is generally one of impression: they conduct brief interviews, look for who has marks and make assumptions, and sometimes these assumptions are incorrect. Make sure you choose a law firm that:

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"Smart; professional; and ethical, Brad is an excellent source of information and resources. He showed genuine concern for our family. Brad's advice and counsel at the free initial meeting was priceless. He even helped us locate appropriate counseling. "


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The Meryhew Law Group, A Professional Limited Liability Corporation (PLLC) | 600 Pioneer Building | 1st Avenue, Suite 410 | Seattle, WA 98104 | 866-228-5092 | 206-264-1590 | Fax: 206-264-1593
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