Revised Code of Washington
Wash. Rev. Code § 10.58.020 (2026)
Presumption of innocence—Conviction of lowest degree, when
✓ current as of May 2026
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Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against him or her, and there exists a reasonable doubt as to which of two or more degrees he or she is guilty, he or she shall be convicted only of the lowest.
[ 2010 c 8 s 1053; 1909 c 249 s 56; 1891 c 28 s 91; Code 1881 s 767; 1854 p 76 s 3; RRS s 2308. Formerly RCW 10.58.020 and 10.61.020.]
Notes:
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1968–2025 · leading case: State v. McHenry, 558 P.2d 188 (Wash. 1977).
State v. McHenry, 558 P.2d 188 (Wash. 1977). “RCW 10.58.020; State v. Odom, 83 Wn.2d 541 , 520 P.”
State v. Warren, 165 Wash. 2d 17 (Wash. 2008). “Moreover, the prosecutorial misconduct violated RCW 10.58.020, providing, “[e]very person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt .”
State v. Warren, 195 P.3d 940 (Wash. 2008). “Moreover, the prosecutorial misconduct violated RCW 10.58.020, providing, "[e]very person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt.”
State v. Odom, 520 P.2d 152 (Wash. 1974). “RCW 10.58.020; In re Winship, 397 U.S. 358 , 25 L.”
In Re Pers. Restraint of Lile, 668 P.2d 581 (Wash. 1983). “, RCW 10.58.020; State v. McHenry, 88 Wn.2d 211 , 558 P.”
State v. McHenry, 535 P.2d 843 (Wash. Ct. App. 1975). “RCW 10.58.020; 2 In re Winship, 397 U.S. 358 , 25 L.”
State v. Stationak, 440 P.2d 457 (Wash. 1968). “And RCW 10.58.020 concerning criminal procedure and evidence provides that: Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against…”
State v. Fullen, 499 P.2d 893 (Wash. Ct. App. 1972). “2d 557 (1967); RCW 10.58.020. There was substantial evidence and inferences to be drawn therefrom to support a finding that the defendant killed Karsten Knutsen while engaged in committing, attempting to commit or withdrawing from the scene of a robbery, the defendant being…”
State v. Walker, 536 P.2d 657 (Wash. Ct. App. 1975). “Mayner, 4 Wn. App. 549 , 483 P.2d 151 (1971). When the evidence would support a finding of guilty on a lesser included offense and an instruction on the lesser included offense is proposed, then the instruction must be given, but not otherwise.”
State v. Rakes, 472 P.2d 399 (Wash. Ct. App. 1970). “170 provides in part: “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…”
State of Washington v. Angela Elizabeth Vargas aka Mendoza (Wash. Ct. App. 2017). “RCW 10.58.020 declares, in part: Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt.”
Amorea Rocha, V. Hamal Strand (Wash. Ct. App. 2024). “” He points out that the cited statute is part of Washington’s criminal code, and he asserts that the superior court’s conclusion violated RCW 10.58.020, which states, “Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by…”
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