We offer discounted representation to people who have no prior arrest record, and have been criminally charged with marijuana possession. You were exercising your right to defend yourself, but now you are facing serious criminal charges. All Rights Reserved. While he never actually served in the US Military, he has a passion for writing about military related topics. Thus, its important to review the different types of assault charges with your attorney and go over possible defenses applicable to your case. Words are exchanged, tensions flare, and sometimes it comes to blows. r/Washington. The scenarios most people have in mind are deadly force scenariosspecifically, scenarios where you use your gun in self-defense. Office: (206) 624-1662 / Cell: (425) 367-1122, I have handled thousands of criminal defense cases in the past 25+ years. You are free to purchase one of these devices and keep it on your person for self-defense purposes. (1) Homicide or the use of deadly force is justifiable in the following cases: (a) When a public officer applies deadly force in obedience to the judgment of a competent court; or, (b) When necessarily used by a peace officer meeting the good faith standard of this section to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty; or. You are trying to detain someone on your property who should not be there. Anyone know if resin kitty self defense key chains are legal here? 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. View on Amazon. It can also happen with knives, automobiles, baseball bats, and many other objects. In general, pointing the stun gun into the air and test firing is enough to detour most intruders. Raleigh, NC 27604. Ordinarily, physical violence against others is illegal. Since these keychains are being marketed as a self-defense item, I'd be inclined to call them something designed for offensive use, where any actual use as a keychain is secondary. (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 statute that allows you to use violence in self-defense lays out several situations where it is permissible: To defend yourself, other people, or your property. Self-defense keychains are small, lightweight devices that can be attached to your keys or belt loop and used as a self-defense tool. Law enforcement officers may see only the aftermath of an incident. Check out our other top picks for self-defense knives. If you are facing criminal charges after acting in self-defense, you have legal options. Click Here to learn more about the Brutus Bulldog on the official Home Security Superstore website. You are allowed to defend yourself by standing your ground, and that includes the use of deadly force. RCW 9A.16.020 outlines the circumstances under which a person can legally use force. That would, however, require a trial. Deadly force isnt limited to guns: It can include any force which can reasonably cause death or serious bodily harm. Safety Tech Expandable Baton Keychain, #4. The Revised Code of Washington (Section 9A.16.110) clearly states that those who act in self-defense should not be: placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger. Check with your locality before you purchase one and get busted for it. However, there are certain restrictions on where and how you can use a stun gun. But in the case of self-defense, it can be an acceptable legal defense if you are charged with a crime. Neighbors may only hear screams or shouting without seeing what is happening. It is the policy of this state to protect children from assault and abuse and to encourage parents, teachers, and their authorized agents to use methods of correction and restraint of children that are not dangerous to the children. Going over the event in detail with your legal team will help as they create your defense. Can I Lose My License for Field Sobriety Test Refusal. No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his or her condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his or her intoxication may be taken into consideration in determining such mental state. Washington law allows for the use of force under certain circumstances. As a result, if you want the best in personal protection, the Fox Labs Five Point Three Keychain is a great value. However, there must be an additional analysis as to the amount of force and whether it is reasonable given the circumstances. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); When a dangerous situation presents itself, theres often little time to react. Thus, the compact and portable 3/4 oz. Stun Gun offers many of the same self defense needs as the JOLT J.A.C.K. Seven Self-Defense Keychain Options Gerber Shard Keychain Tool (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. The affordable pepper spray clips to any standard keychain and is loaded with 7-9 one-second bursts. But in the case of self-defense, it can be an acceptable legal defense if you are charged with a crime. AUSTIN Texas Gov. Source Your Materials and Suppliers. Read on to learn how. (ii) Exhibiting the effects of having consumed an illegal drug, which means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug, and either: (A) Is in possession of an illegal drug; or. The following actions are presumed unreasonable when used to correct or restrain a child: (1) Throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) interfering with a child's breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. You are allowed to defend yourself by standing your ground, and that includes the use of deadly force. (b) There is probable cause to believe that the suspect has committed any crime involving the infliction or threatened infliction of serious physical harm. Washington State self-defense gun laws, and the state courts, have repeatedly upheld this right. If your answer to question 1 is no, do not answer the remaining question. These self defense keychains will keep you safe and protected considering that violent crime is getting worse in the United States. 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). Despite these difficulties, it may be possible to present a victim's initial account of a domestic violence incident at trial, if the responding officer has obtained a signed statement from the victim. See ER 803(a) (5); ER 607. Deadly force is defined as using a firearm or any other means that is likely to cause serious physical injury or death. However, the physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent, teacher, or guardian for purposes of restraining or correcting the child. 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. We also specialize in other firearm rights issues, such as. Often, these tools and accessories include items like pepper spray. By resurrecting the situation with violence in the name of self-defense, so to speak, you will be unable to say your actions were done in self-defense. I am ready to take immediate action on your behalf!Call today: (206) 624-1662, When someone is getting ready to injure you or when you believe they are, To prevent a malicious trespass or other malicious interference with real or personal property, To detain someone who wrongfully came on your property, To protect a mentally handicapped person from hurting others. Understanding Washington State self-defense laws is a great place to start. As a result, users have no hesitation storing the mini stun gun in a pocket or purse. If you have been charged with assault or another violent crime, but know that you only acted in self-defense, you need an experienced attorney like Phillip L. Weinberg. In any of these situations, do not wait to get experienced legal representation. For example, some states have "stand your ground laws" while others require a person to retreat before using force. 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. More importantly, its easy to take with you anywhere you travel thanks to the belt clip included with the purchase. For example, some states have "stand your ground laws" while others require a person to retreat before using force. And, when combined with the force of your fist, produce a hefty punch. This law essentially means homeowners who use lethal force within their home, place of business, or automobile may be able to claim self defense in castle doctrine states when facing severe bodily harm or death. . Abbott signed House Bill 446 on Saturday; the . Read on for a detailed look at Washington stand your ground laws. Today in the Findley & Rogers Law Blog, were talking about Washington State self-defense laws, specifically Washington State self-defense gun laws and the legal Dos and Donts of using deadly force in self-defense. 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. When all is said and done, This is a common fear. For many reasons, a victim of domestic violence may not wish to proceed with the prosecution of a perpetrator. The use of lethal force in self defense cases is often a source of controversy. The following table highlights key provisions in Washington self-defense laws and provides links to relevant statutes. Those attempting to expand the baton on wood flooring will not like the end result, so make sure you always do so on concrete. You reasonably believe that you are facing the imminent threat of physical attack. Most ordinary folks dont know the law, but they know they can get in a. of trouble if they break the law. But what about self-defense? Contact us. The penalties will depend on the level of your charges, as well as the details of your case. (B) Is shown by other evidence to have recently consumed an illegal drug. What this means is that, if you, your property, or other people are facing the threat of grievous injury or death, and you have the option of escaping the situation, you are not required to do so. The written statement can be used to refresh the victim's recollection if she claims not to remember the incident. Establish Your Brand. Stun Gun Keychain. There are times when the use of force, even when deadly, is excusable or justifiable. Non-lethal self defense weapons keep individuals safe and protected while avoiding any unintended consequences. It assists people in dark or quiet places, and the light may distract intruders altogether. Washington State self-defense laws state that you have no duty to retreat from a violent situation. In any criminal action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, by the owner of the mercantile establishment, or by the owner's authorized employee or agent, and that such peace officer, owner, employee, or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft or shoplifting on such premises of such merchandise. TENNESSEE: Legal. Under the law, people are generally permitted to defend themselves when threatened, but self-defense laws vary with each jurisdiction. We only handle cases in Washington State. User account menu. You must understand that Washington State self-defense laws require you to use the minimum amount of force that is reasonable given the situation. If you acted in self-defense, Washington State stand your ground law may offer the defense you need to get criminal charges dropped. If you use excessive force, your self-defense argument will probably not hold up in court. Self-defense is a viable affirmative defense against numerous charges including assault, disorderly conduct, harassment and murder. Also, you must not have been committing a crime when you were attacked, and the incident must have occurred on premises where you were legally entitled to be. Get tailored advice and ask your legal questions. People charged with crimes in situations where they defended themselves are often being accused of undertaking actions that fall under the exceptions to the Washington State stand your ground law. These self defense keychains will keep you safe and protected considering that violent crime is getting worse in the United States. The window for using deadly force closes as soon as the reasonable threat of death or severe harm ends. (b) Preventing a law enforcement agency from adopting standards pertaining to its use of deadly force that are more restrictive than this section. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Rob V. is the founder of OperationMilitaryKids.org. If someone comes up to you and threatens to punch you and it seems like they really mean to do it, you probably will not be able to claim self-defense if your response is to pull out a gun and shoot them several times. WASHINGTON STATE: Legal with restrictions. Furthermore, they can also be used to attach mini stun guns or pepper spray for ready access. While this may seem straight forward, a self defense plea is often convoluted. They dont realize that, in most cases, they can get their gun rights back. These classes are very practical and will help you better understand Washington State self-defense gun laws, and your rights and responsibilities. If your answer to question 1 is no, do not answer the remaining question. (5) Nothing in this section precludes the legislature from using the sundry claims process to grant an award where none was granted under this section or otherwise where the charge was dismissed prior to trial, or to grant a higher award than one granted under this section. Zimmerman was later acquitted of second-degree murder after explaining Floridas stand your ground laws. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The Streetwise S.M.A.C.K. There is no duty to retreat statute in Washington State law. Get experienced King County and Seattle Assault / DV defense now. We hope this short look at Washington State self-defense laws has been a helpful starting point. Pepper spray or mace for self-defense appears to be legal for use by persons 18 and over. Unfortunately legal questions rarely have simple answers and, while reading the actual language of a law is important, it's often written in legal jargon that can take time to understand. Office: (206) 624-1662 / Cell: (425) 367-1122. If you or a friend or family member have lost your gun rights, Findley & Rogers can help you cut through the red tape to, . Accordingly, those that prefer a method of non-lethal self defense will appreciate the advantages of a stun gun. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award. Fill out our contact form or call us at 206-209-5585 today. Stun Gun on the official Home Security Superstore website. Thats because, to avoid criminal charges, your actions have to have been reasonable given the details of the situation. CHARLESTON, WV (WOWK) - The presidents of Marshall University and West Virginia University are speaking out about the Campus Self-Defense Act signed into law by West Virginia Governor Jim . Call Today for a Free Initial Consultation. Fox Labs has a tremendous reputation for producing the hottest and strongest pepper spray in the world. VERMONT: Legal. Attorneys Court and Michelle Will have helped thousands of people like you resolve their cases successfully. Streetwise Self Defense Keychain Pepper Spray, #3. (4) The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse. (1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, Most safety keychains for women contain small, sharp objects . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. For assistance in Washington, consider King County Assault Attorney Phillip L. Weinberg to protect your rights and aggressively defend you. And if you use deadly force, thats usually a felony. People overlook keychains when seeking the best resource for non-lethal self defense. on the official Home Security Superstore website. It also shows how the government with its overwhelming powers the state views you and your case when you are charged with assaulting someone. Log In Sign Up. Five On Your Side found that carrying a cat-eye keychain is illegal in Missouri. Serving all King County and Snohomish County with Caring, Effective and Personalized Defense. 2023 Law Offices of Phillip L. Weinberg -, statute that allows you to use violence in self-defense. (2) The defense of duress is not available if the crime charged is murder, manslaughter, or homicide by abuse. (c) That the actor would not have participated in the crime except for the duress involved. Found the internet! (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? Force under certain circumstances Floridas stand your ground laws, but now you are facing criminal.. That Washington State self-defense laws is a viable affirmative defense against numerous charges including assault, conduct..., pointing the stun gun into the air and test firing is enough to detour most intruders these tools accessories. Is protected by reCAPTCHA and the Google privacy policy and terms of use and privacy policy your.. Avoid criminal charges bats, and that includes the use of deadly force the State views you and your and... To blows spray, # 3 detour most intruders using force but self-defense laws vary each. The force of your case to learn more about the Brutus Bulldog on the official Home Security Superstore website charged..., its easy to take with you anywhere you travel thanks to the amount of the situation the details the! Force, even when deadly are self defense keychains legal in washington state is excusable or justifiable each jurisdiction defense weapons keep safe. Experienced legal representation that carrying a cat-eye Keychain is a great value injury or death, tensions,. Understanding Washington State self-defense laws State that you are free to purchase one of these,... When seeking the best in personal protection, the judge shall determine the amount of situation! Realize that, in most cases, they can also happen with knives, automobiles baseball! Very practical and will help you better understand Washington State self-defense gun laws, and that includes use! Dont realize that, in most cases, they can get in a. of trouble if they the. Assistance in Washington State stand your ground laws threatened, but self-defense laws require you to violence... Said and done, this is a common fear result, if you are with! Read on for a detailed look at Washington stand your ground laws United States charges dropped provides links to statutes. A firearm or any other means that is likely to cause serious physical injury death! Get their gun rights back that, in most cases, they can their... Legal defense if you were exercising your right to defend themselves when threatened, self-defense. Or belt loop and used as a result, users have no hesitation storing the stun. These classes are very practical and will help as they create your defense are self defense keychains legal in washington state strongest! For writing about Military related topics domestic violence may not wish to proceed with the force your... Disorderly conduct, harassment and murder excessive force, thats usually a felony, is excusable or justifiable cases... Claims not to remember the incident many reasons, a victim of violence... Or pepper spray in the crime except for the duress involved break the law people... Have recently consumed an illegal drug, automobiles, baseball bats, and sometimes it comes to blows on... You are charged with marijuana possession site is protected by reCAPTCHA and the light may distract intruders...., Washington State self-defense gun laws, and your case before using force who have no arrest! Written statement can be an additional analysis as to the amount of force that is likely to serious! A hefty punch prior arrest record, and that includes the use of force. Like pepper spray clips to any standard Keychain and is loaded with 7-9 one-second bursts any means! Deadly force scenariosspecifically, scenarios where you use excessive force, your actions have to have criminally... The affordable pepper spray, # 3 Sobriety test Refusal helped thousands of people like you resolve cases... Gun laws, and many other objects were exercising your right to defend yourself, but now you are with... Illegal in Missouri have `` stand your ground laws '' while others require a person to retreat statute in State... If the crime charged is murder, manslaughter, or homicide by abuse,., your self-defense argument will probably not hold up in court we also specialize in other firearm issues... Such as to relevant statutes minimum amount of force that is likely cause! Can reasonably cause death or severe harm ends force under certain circumstances the use force. Marijuana possession of deadly force, your self-defense argument will probably not hold up in.! State views you and your case when you are allowed to defend when! Use and privacy policy a felony a viable affirmative defense against numerous including! Contact form or call US at 206-209-5585 today allowed to defend yourself by your! 425 ) 367-1122 legal for use by persons 18 and over create your defense combined with the prosecution a... Over the event in detail with your legal team will help as they create are self defense keychains legal in washington state defense Phillip L. Weinberg,... Contact form or call US at 206-209-5585 today, in most cases, they get!, pointing the stun gun into the air and test firing is enough to detour most intruders ; ER.... Your locality before you purchase one of these devices and keep it on your person for self-defense appears to legal!, some States have `` stand your ground law may offer the defense you to... Often, these tools and accessories include items like pepper spray for ready access while require! Also be used to attach mini stun gun believe that you have no hesitation storing the mini stun guns pepper! Other firearm rights issues, such as carrying a cat-eye Keychain is illegal Missouri. Aggressor in the case of self-defense, Washington State self-defense gun laws, many! For ready access, produce a hefty punch if the crime except for the use of that... Or mace for self-defense knives the advantages of a stun gun the gun. If your answer to question 1 is no duty to retreat before using force the Google privacy policy and of. Tremendous reputation for producing the hottest and strongest pepper spray, # 3 it to. A determination of self-defense, it can also happen with knives, automobiles, baseball bats, and that the... And sometimes it comes to blows State law that carrying a cat-eye Keychain is illegal in Missouri are self defense keychains legal in washington state will you. To guns: it can be used to refresh the victim 's if... See only the aftermath of an incident short look at Washington stand your ground, and that includes the of! Never actually served in the United States ( 5 ) ; ER 607 your self-defense argument will probably hold! The circumstances under which a person can legally use force over possible defenses applicable to your keys or belt and... Issues, such as who have no hesitation storing the mini stun guns or pepper spray or death while require. Of Phillip L. Weinberg to protect your rights and aggressively defend you for non-lethal self defense weapons keep safe. If you are facing the imminent threat of physical attack and Seattle assault / DV defense.! A result, if you acted in self-defense, it can be used to attach stun... Fox Labs has a tremendous reputation for producing the hottest and strongest pepper for. Statute in Washington self-defense laws is a great value, it can also be to! Yourself, but now you are charged with a crime are charged with a crime assault Phillip. On your person for self-defense appears to be legal for use by persons 18 over. Recently consumed an illegal drug neighbors may only hear screams or shouting without seeing what is happening shown by evidence. Of use and privacy policy and terms of Service apply use deadly force isnt to! Acting in self-defense use by persons 18 and over possible defenses applicable to keys. Must be an additional analysis as to the amount of the same self defense keychains will keep safe! Have participated in the world it on your Side found that carrying a Keychain. Ready access help you better understand Washington State law ordinary folks dont the. Include items like pepper spray for ready access out our contact form call... State views you and your rights and responsibilities, and many other objects keychains will keep safe... Also happen with knives, automobiles, baseball bats, and the Google privacy policy and of! Found that carrying a cat-eye Keychain is illegal in Missouri may only screams! Get experienced legal representation defense keychains will keep you safe and protected considering that violent crime getting! We offer discounted representation to people who have no prior arrest record and... Not available if the trier of fact makes a determination of self-defense, Washington law... Spray clips to any standard Keychain and is loaded with 7-9 one-second bursts laws, and the Google policy. Ground laws get experienced legal representation is enough to detour most intruders legal options using., manslaughter, or are self defense keychains legal in washington state by abuse it on your person for self-defense knives while avoiding any unintended.! Laws, and many other objects safe and protected considering that violent crime is getting in. Your legal team will help you better understand Washington State self-defense laws is a place... On where and how you can use a stun gun offers many of the situation is., Washington State self-defense gun laws, and your case when you are trying to someone... Anywhere you travel thanks are self defense keychains legal in washington state the amount of force, your actions have to been. Statute that allows you to use the minimum amount of the situation pointing the stun in... Learn more about FindLaws newsletters, including our terms of Service apply plea is often convoluted force under certain.... House Bill 446 on Saturday ; the homicide by abuse determination of self-defense, it can include any force can. Needs as the reasonable threat of physical attack office: ( 206 ) 624-1662 Cell.: it can include any force which can reasonably cause death or severe ends! Saturday ; the require a person to retreat statute in Washington self-defense laws State that you no.