As a result, users have no hesitation storing the mini stun gun in a pocket or purse. (1) When a peace officer who is charged with a crime is found not guilty or charges are dismissed by reason of justifiable homicide or use of deadly force under RCW. In fact, legally they are classified much the same as knuckle dusters or brass knuckles. Office: (206) 624-1662 / Cell: (425) 367-1122, I have handled thousands of criminal defense cases in the past 25+ years. canister contains 8-10 half-second bursts and reaches distances up to 10 ft. Read on for a detailed look at Washington stand your ground laws. But if you do find yourself in a situation where you are facing grievous harm or death from an attacker, yet can reasonably use a lesser degree of force to neutralize the threat, then. (5) This section shall not be construed as: (a) Affecting the permissible use of force by a person acting under the authority of RCW. state that you may use physical force to defend yourself if: You are currently being physically attacked. Experienced, skilled and effective in helping clients through difficult times. 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. I have handled thousands of criminal defense cases in the past 25+ years. Was the finding of not guilty based upon justifiable homicide, justifiable use of deadly force, or self-defense? Being accused of a crime when your use of force was called for and lawful can feel dehumanizing and unjustified. Search within r/Washington. Read on to learn how. a public officer in performance of a legal duty or a person assisting the officer under their direction; a person arresting someone who's committed a felony and delivering them to police custody; a person who's about to be injured in preventing an offense against them or a malicious trespass; a property owner to detain someone who enters or stays on their property; a carrier of passengers to expel a passenger who refuses to obey applicable regulations; or. The keychain expands into a highly durable steel baton once the occasion calls for it with the simple flick of a wrist. Meanwhile, others may not be that as comfortable with their fighting abilities and may want to consider other self defense keychains on the list. When all is said and done, you end up being the one to go to prison. A lot of the gray area comes down to the word reasonable.. People overlook keychains when seeking the best resource for non-lethal self defense. Fox Labs is a U.S. company and among the most dependable for law enforcement and security personnel. Stun Gun Keychain. 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. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2020 - 2023 Will & Will, Attorneys At Law. If you keep firearms in your home for self-defense or plan on doing so, it would be a very good idea for you to take a class in your community on using firearms in self-defense. Ask the countless clients who have turned to Will & Will, Attorneys At Law, in their time of need. Stun guns are generally considered the best type of non-lethal self defense. 2023 Law Offices of Phillip L. Weinberg -, statute that allows you to use violence in self-defense. If someone maliciously approaches you or your home, you do not have to try to escape first. Best Folding Knife Self-Defense Keychain: StatGear Pocket Samurai. In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct. You may NOT use physical force against a financial attack, such as identity theft. In order to better understand Washington's self-defense laws, it's helpful to define a few related terms. Army Commendation Medal (ARCOM): 8 Things To Know, Army Achievement Medal (AAM): 6 Things To Know. If you've been charged with killing or seriously injuring someone, it's in your best interest to speak with a local criminal defense attorney who can review the facts of your case and determine if Washington self-defense laws apply. By understanding these laws, you will understand what actions are legal, and what you must do or not do to protect yourself from legal jeopardy when using force in self-defense. Brass knuckles are illegal in Massachusetts. February 17, 2021 | In Uncategorized | 1 Minute. RCW 43.43.395(3)(a)(ii). 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. Failure to adhere to this law will lead to a fine between $50 and $1000 or up to six months of imprisonment. In other instances, independent witnesses may see or hear only parts of an incident. Brutus Bulldog Keychain Knuckle Knife, #6. Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. But if you do find yourself in a situation where you are facing grievous harm or death from an attacker, yet can reasonably use a lesser degree of force to neutralize the threat, then Washington State self-defense laws require you to limit your use of force accordingly. This includes possession, sale, and manufacture of brass knuckles. Defense of Others. In these situations, you can defend yourself (or others, or your property), but only using the minimum force necessary to protect against the threat. It assists people in dark or quiet places, and the light may distract intruders altogether. *Amazon.com price as of post date. As a result, the best self defense keychains are compact, useful, and most importantly affordable. Stun Gun is rechargeable which saves customers the trouble of replenishing cartridges found in other stun guns. Streetwise Self Defense Keychain Pepper Spray, #3. The anger, fear and frustration of having to deal with criminal charges when you were only acting in self-defense can be extremely overwhelming. I can help. Well discuss the details of, and explain when it is legal to use force and when it isnt. Deadly force isnt limited to guns: It can include any force which can reasonably cause death or serious bodily harm. To award these reasonable costs the trier of fact must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence. (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? There are two main types of self defense laws currently in use across the United States and also the castle doctrine which often accompanies a stand your ground law to include property. You were exercising your right to defend yourself, but now you are facing serious criminal charges. For assistance in Washington, consider King County Assault Attorney Phillip L. Weinberg to protect your rights and aggressively defend you. You must show that you are not guilty of the serious crimes you have been accused of. If the victim is able, the officer should consider letting the victim write the statement. Tire iron, screwdriver, hammer, baseball bat, etc. is available in pink for the ladies and black for those that prefer a more discreet option. Washingtons Mandatory Arrest Law for Domestic Violence. Name | Last updated June 20, 2018. Coming to the aid of another who was the victim of a heinous crime? Ordinarily, physical violence against others is illegal. However, the power of the S.M.A.C.K. While he never actually served in the US Military, he has a passion for writing about military related topics. Understanding Washington State self-defense laws is a great place to start. (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 Safety Tech Expandable Baton Keychain is a step up from the previous two examples included in the 8 Best Self Defense Keychains of 2023. This reimbursement is not an independent cause of action. And most people know that physical violence is usually against the law. If you keep firearms in your home for self-defense or plan on doing so, it would be a very good idea for you to take a class in your community on using firearms in self-defense. 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 to grant a higher award than one granted under this section. For example, some states have "stand your ground laws" while others require a person to retreat before using force. 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. If you need an attorney, find one right now. WASHINGTON STATE: Legal with restrictions. 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. 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. In Washington, you are allowed to use force against someone in certain circumstances, including in self-defense. DWI Meaning in North Carolina: What You Need to Know, Law Enforcement Can Seize Vehicle if You Meet This Criteria in NC, 12 Mistakes To Avoid at a Police Checkpoint. The WeaponTek Self Defense Cat Keychain not only looks cute, but is surprisingly effective at keeping you protected. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. For example, some states have "stand your ground laws" while others require a person to retreat before using force. Best Pepper Spray Self-Defense Keychain: SABRE Pepper Spray and Stun Gun Protection Pack. And if you use deadly force, thats usually a felony. This is less of an issue iof the property is owned or leased by both individuals involved. The purchase includes Fox Labs legendary pepper spray concealed in a black hard shell casing. Mini Stun Gun features a safety switch to prevent accidental discharges. View on Amazon. As a result, we recommend customers rely on the Home Security Superstore for all their self defense needs. 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. This is not a storm that will simply blow over. Check with your locality before you purchase one and get busted for it. If you are in a place unlawfully, then you cannot use force in self-defense. Knowing when you can use force to stop them from hurting you can make the difference between convicted of a crime, or being acquitted on the grounds of self-defense. Washington's Self-Defense Law 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. Washington State Concealed Carry Reciprocity: What You Need to Know, Ending Sex Offender Registration Requirement. To put it as clearly as we can: Physical violence can potentially be legal when used in self-defense. Its an affordable means to self defense so women really do not have an excuse not to have this tool connected to a set of car keys. The J.O.L.T. 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. 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