You are allowed to defend yourself by standing your ground, and that includes the use of deadly force. (5) Whenever the issue of self-defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form: Was the finding of not guilty based upon self-defense? (2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. The built-in battery indicator notifies users when the stun gun is drained of power and therefore requires a charge. In any of these situations, do not wait to get experienced legal representation. Men and women can never exercise enough caution. What City/County is your case located in? This topic is nicely summarized and explained in Prosecutors Domestic Violence Handbook (2014), prepared by the Washington Association of Prosecuting Attorneys and the King County Prosecuting Attorneys Domestic Violence Unit found online: HERE. Ordinarily, physical violence against others is illegal. . (4) Whenever the issue of self-defense under this section is decided by a judge, the judge shall consider the same questions as must be answered in the special verdict under subsection (4) [(5)] of this section. Click Here to learn more about the WeaponTek Metal Knuckle Keychain on the official Home Security Superstore website. (4) Whenever the issue of self-defense under this section is decided by a judge, the judge shall consider the same questions as must be answered in the special verdict under subsection (4) [(5)] of this section. (4) Whenever the issue of justifiable homicide, justifiable use of deadly force, or self-defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form: Was the defendant on duty or otherwise acting within the scope of his or her authority as a peace officer? This is why its very important to know Washington State self-defense laws before you have to defend yourself. Also, while some states require that you retreat if you think youre about to be harmed, Washington doesnt mandate retreat. Well discuss the details of Washington State self-defense laws and explain when it is legal to use force and when it isnt. (a) The criminal design originated in the mind of law enforcement officials, or any person acting under their direction, and. Therefore, my opinion, reading the statute . The S.M.A.C.K. The passage of time may have allowed the perpetrator to exercise a number or tactics of power and control to dissuade the victim from going forward. The keychain is equipped with metal knuckles produced with strong and durable aluminum. In general, some people feel more comfortable relying on metal rings, batons, and knives as a form of personal protection. Coming to the aid of another who was the victim of a heinous crime? Non-lethal self defense weapons keep individuals safe and protected while avoiding any unintended consequences. Its a nightmare scenario that many of us have thought about: Youre minding your own business at home or somewhere else, when suddenly you are attacked by some assailant. Some still require a duty to retreat when it comes to using lethal force. There are times when the use of force, even when deadly, is excusable or justifiable. Regardless of which of these approaches a jurisdiction follows, nearly all self-defense laws require that any force used be proportionate to the harm that was feared. Contact us. Five On Your Side found that carrying a cat-eye keychain is illegal in Missouri. Raleigh, NC 27604. UTAH: Legal. (2) If the trier of fact makes a determination of justifiable homicide, justifiable use of deadly force, or self-defense, the judge shall determine the amount of the award. So, is Washington a stand your ground state? (2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is. Its a nightmare scenario that many of us have thought about: Youre minding your own business at home or somewhere else, when suddenly you are attacked by some assailant. For example, some states have "stand your ground laws" while others require a person to retreat before using force. King County Assault Attorney Phil Weinberg. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. You are a law enforcement officer performing your job or you are assisting an officer at his/her direction. The force must be reasonable. As excellently outlined in the Prosecutors Domestic Violence Handbook (2014), prepared by the Washington Association of Prosecuting Attorneys and the King County Prosecuting Attorneys Domestic Violence Unit (Authors: Carrie Hobbs, Pam Loginsky, and David Martin), In many cases, there are no independent witnesses to a domestic violence incident. You are attempting to perform a citizens arrest of someone who committed a felony so you can deliver them to law enforcement. all can be used as a weapon, but they have a more common, lawful use. (This also applies to using deadly force in the defense of others. Fox Labs is a U.S. company and among the most dependable for law enforcement and security personnel. We only handle cases in Washington State. It delivers 16 million volts of electricity which is impressive considering the unit is only 3 x 1.25. Defending your home is a serious responsibility. (B) Is shown by other evidence to have recently consumed an illegal drug. They come in a variety of designs and capabilities, from simple metal tokens that jingle when you move to RFID blockers that disable tracking devices. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment, and a "reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise. (5) Whenever the issue of self-defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form: Was the finding of not guilty based upon self-defense? You must show that you are not guilty of the serious crimes you have been accused of. (2) "Deadly force" means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury. The victim may be in hiding or simply afraid to confront the perpetrator in court as an accuser. Any victim authored statement should be reviewed to determine whether all necessary details are included or whether additions need to be made. To put it as clearly as we can: Physical violence can potentially be legal when used in self-defense. (3) Notwithstanding a finding that a defendant's actions were justified by self-defense, if the trier of fact also determines that the defendant was engaged in criminal conduct substantially related to the events giving rise to the charges filed against the defendant the judge may deny or reduce the amount of the award. People overlook keychains when seeking the best resource for non-lethal self defense. $19.99. Fight back and reclaim your life today with Findley & Rogers. You are free to purchase one of these devices and keep it on your person for self-defense purposes. See ER 803(a) (5); ER 607. Created byFindLaw's team of legal writers and editors Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child's parent or guardian for purposes of restraining or correcting the child. We know that can potentially be legal is not as clear as you would like. (2) The defense of entrapment is not established by a showing only that law enforcement officials merely afforded the actor an opportunity to commit a crime. A victim may simply ask that charges be dismissed, a victim may recant in a subsequent statement or at trial, or recantation may be made in a letter to the court, prosecutor, or defense attorney. If you or a friend or family member have lost your gun rights, Findley & Rogers can help you cut through the red tape to, . One of the most common defenses to violent crime charges in Washington is that the accused acted in self-defense. More importantly, confirm that the baton is vertical (and not at an angle) to avoid damaging the baton. Its also small enough to squeeze into a pocket or purse. You may NOT use physical force to defend against a verbal or emotional attack. You were exercising your right to defend yourself, but now you are facing serious criminal charges. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Deadliest feature: They might look cute, but. This is a common fear. The 1/2 oz. Ordinarily, physical violence against others is illegal. A lot of the gray area comes down to the word reasonable.. This reimbursement is not an independent cause of action. I am fully versed in all aspects of the Washington criminal justice system and know how to craft a sound defense based upon self-defense if the facts and history of your case support this defense in good faith. There are also some states that combine these two ideas by following the "castle doctrine," where a person doesn't need to retreat in their own home or place of business. If you are facing criminal charges after acting in self-defense, you have legal options. Meeting with a lawyer can help you understand your options and how to best protect your rights. The built-in key ring attaches directly to your keys for ultimate protection. (1) In a criminal action brought against the detainer by reason of a person having been detained on or in the immediate vicinity of the premises of an outdoor music festival or related campground for the purpose of pursuing an investigation or questioning by a law enforcement officer as to the lawfulness of the consumption or possession of alcohol or illegal drugs, it is a defense that the detained person was detained in a reasonable manner and for not more than a reasonable time to permit the investigation or questioning by a law enforcement officer, and that a peace officer, owner, operator, employee, or agent of the outdoor music festival had reasonable grounds to believe that the person so detained was unlawfully consuming or attempting to unlawfully consume or possess, alcohol or illegal drugs on the premises. However, many forms of non-lethal self defense offer the same type of protection but without the same risks or dangers. The best self defense weapons and tools include accessories mounted on ordinary, everyday items like flashlights and keychains. Batons are devastating and will hammer anybody into submission. Pepper spray or mace for self-defense appears to be legal for use by persons 18 and over. Generally speaking, you may use force to defend others (including total strangers) or your property in the same circumstances when you may use force to defend yourself. It assists people in dark or quiet places, and the light may distract intruders altogether. In lawful defense of yourself, your spouse, parent, child, sibling, or other person in your presence when it's reasonable to assume that the person you've killed was planning to commit a felony or cause great personal injury to you or the others mentioned above; or. Click Here to learn more about the Streetwise Keychain Pepper Spray on the official Home Security Superstore website. An important requirement to claim self-defense after hurting or killing someone is demonstrating that you were legally entitled to be in the location where the violence occurred. For example, if you shot and killed someone who pulled into your driveway to turn their car around, this would almost certainly not be considered reasonable (Revised Code of Washington, Section 9A.16.050). Establish Your Brand. One of the only rules you can count on across all of fields of law is that every rule has an exception. In this chapter, unless a different meaning is plainly required: (1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended. Handling DUI, Criminal Defense and Family Law cases throughout the State of Washington and all of King County and Snohomish County since 1986. For this reason, the pepper spray is easy to dispatch and use on an assailant. Its enough potency to subdue an intruder for 45 minutes, providing you ample time to escape. Another situation where self-defense is not a permissible justification for using violence is if you were the major or primary aggressor in the fight. Recantation should place advocates, law enforcement, and prosecutors on notice that issues relating to a victim may not yet have been adequately addressed. Under these circumstances deadly force may also be used if necessary to prevent escape from the officer, where, if feasible, some warning is given, provided the officer meets the good faith standard of this section. Moreover, the 180-lumen flashlight is an essential yet underrated addition. There is one restriction: You must be in a place that you are legally allowed to be, such as home, work, or your vehicle. Click Here to learn more about the S.M.A.C.K. The state of the law around any self-defense tool can be confusing, frustrating, and altogether infuriating. The email address cannot be subscribed. For example, if you were trespassing on someone elses property and a fight breaks out, you will not be able to claim self-defense because you were on the other parties property without a justifiable reason. Find reliable suppliers to provide the materials needed to manufacture your keychains. Call Today for a Free Initial Consultation. The use of force is lawful when used out of necessity by: A homicide is excusable if it's committed by accident while in the course a lawful act, as long as there's no criminal negligence or any unlawful intent. Being accused of a crime when your use of force was called for and lawful can feel dehumanizing and unjustified. More importantly, its easy to take with you anywhere you travel thanks to the belt clip included with the purchase. The lawful use of force/self-defense most commonly arises under three situations: Self Defense. . Washington's Stand Your Ground laws provide solid protection against harm and liability for law-abiding citizens. a person to prevent a mentally ill, mentally incompetent, or mentally disabled individual from committing a dangerous act. The built-in flashing is another terrific feature of the JOLT J.A.C.K. We only handle cases in Washington State. Other states with similar laws include: Illinois, Iowa, Oregon, and Washington. The RCW 9A.16.020 provides the basic outline of when an individual is allowed use of force, which boils down to self-defense, defense of others, and defense of property. Mini Stun Gun features a safety switch to prevent accidental discharges. Each case is unique, so we recommend that you consult a licensed attorney if you have questions or need advice about a particular legal issue. (1) In any prosecution for a crime, it is a defense that: (a) The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or she or another would be liable to immediate death or immediate grievous bodily injury; and, (b) That such apprehension was reasonable upon the part of the actor; and. Speaking to a Criminal Defense Attorney in Washington. Check reviews and buy Brutus Self Defense Tactical Keychain today. Well also examine different kinds of force and different scenarios, including deadly force and Washington State self-defense gun laws. February 17, 2021 | In Uncategorized | 1 Minute. Best Pepper Spray Self-Defense Keychain: SABRE Pepper Spray and Stun Gun Protection Pack. The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases: (1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction; (2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody; (3) Whenever 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; (4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public; (5) Whenever used by a carrier of passengers or the carrier's authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to the offender's personal safety; (6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person. Understanding Washington State self-defense laws is a great place to start. And most people know that physical violence is usually against the law. (The. Most safety keychains for women contain small, sharp objects . We know that can potentially be legal is not as clear as you would like. When you have a legal question, you usually want a quick and straightforward answer. Free ConsultationOffice: (425) 455-4784Mobile/Text: (425) 367-1122. TEXAS: Legal. Click Here to learn more about the J.O.L.T. Currently there are 24 states with stand your ground laws in place, including North Carolina and Florida which came under fire in 2012 for the shooting death of Trayvon Martin. Defending your home is a serious responsibility. Also, if you were committing a crime or instigated the violent confrontation that occurred, you may find that Washington State self-defense laws do not apply to your situation. The anger, fear and frustration of having to deal with criminal charges when you were only acting in self-defense can be extremely overwhelming. (c) When necessarily used by a peace officer meeting the good faith standard of this section or person acting under the officer's command and in the officer's aid: (i) To arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a felony; (ii) To prevent the escape of a person from a federal or state correctional facility or in retaking a person who escapes from such a facility; (iii) To prevent the escape of a person from a county or city jail or holding facility if the person has been arrested for, charged with, or convicted of a felony; or. In general, some people feel more comfortable relying on metal rings, batons, and that includes use... Its easy to take with you anywhere you travel thanks to the word reasonable Keychain: SABRE Pepper Spray Stun! 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