4. 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. There are a variety of styles and shapes of keychains marketed as "self-defense" weapons. However, the shelf life of the product is a little shorter (3 years vs. 4 years). Tire iron, screwdriver, hammer, baseball bat, etc. Speaking to a Criminal Defense Attorney in Washington. As a result, we recommend customers rely on the Home Security Superstore for all their self defense needs. Ideally, the written statement should take the form of a "Smith affidavit". One of the rules in the arenaof criminal law is that it is almost always illegal to hurt or kill someone. This list is illustrative of unreasonable actions and is not intended to be exclusive. Also, it can be used to impeach the victim if she testifies adversely to the State's case. Nevertheless, these forms of non-lethal self defense can absolutely wreak havoc on assailants. When you are charged with a crime, its the State of Washington thats prosecuting you, e.g., State of Washington (or some subdivision thereof, a county or City, etc.) And most people know that physical violence is usually against the law. Accordingly, those armed with the keychain not only produce a huge punch but stab the intruder into submission. 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. See Section 16-23-470. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Self defense in the sense of the law is defined as:a claim or plea that the use of force or injuring or killing another was necessary in defending ones own person or other person from physical attack. I have handled thousands of criminal defense cases in the past 25+ years. (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. Coming to the aid of another who was the victim of a heinous crime? Buy Brutus Self Defense Tactical Keychain at the lowest price in United States. The electrical shock is enough to subdue criminals for 5-10 minutes. If you'd like to read additional information and resources related to this topic, you can visit the links listed below. Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent. Fight back and reclaim your life today with Findley & Rogers. You are facing the imminent threat of physical attack. One of the only rules you can count on across all of fields of law is that every rule has an exception. (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. Also, while some states require that you retreat if you think youre about to be harmed, Washington doesnt mandate retreat. King County Assault Attorney Phil Weinberg. (2) The defense of duress is not available if the crime charged is murder, manslaughter, or homicide by abuse. 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. What City/County is your case located in? As a result, the best self defense keychains are compact, useful, and most importantly affordable. (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. on the official Home Security Superstore website. (d) "Reasonable time" means the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to allow a law enforcement officer to determine the lawfulness of the consumption or possession of alcohol or illegal drugs. Zimmerman was later acquitted of second-degree murder after explaining Floridas stand your ground laws. All rights reserved. Some people believe stand your ground laws encourage violence and a shoot first, ask later mentality. But in the case of self-defense, it can be an acceptable legal defense if you are charged with a crime. However, there are certain restrictions on where and how you can use a stun gun. Fortunately, Washington has excellent Stand Your Ground laws and allows for self-defense as a valid defense against certain charges. Mini Stun Gun is a worthwhile consideration. Failure to adhere to this law will lead to a fine between $50 and $1000 or up to six months of imprisonment. Washington does have laws on the books that could protect you from criminal liability if you used force (Revised Code of Washington, Section 9A.16.020). Washington's Stand Your Ground laws provide solid protection against harm and liability for law-abiding citizens. 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. (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. Unfortunately for the general buyer, these keychains aren't particularly useful unless the person carrying it gets some general instructions and has the ability to practice with the weapon. 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 or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or. Someone is about to hurt you or you believe that someone is about to injure you. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow 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. 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. 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. In fact, legally they are classified much the same as knuckle dusters or brass knuckles. If your answer to question 1 is no, do not answer the remaining question. 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. Copyright 2023 www.OperationMilitaryKids.org. Consequently, most intruders do not realize you possess the self defense weapon until you decide to reveal it. However, even to this rule, there are certain exceptions: In the State of Washington, it is justifiable to hurt or even kill someone if you are defending yourself, someone else, or (in certain extreme cases) your property. 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. VIRGINIA: Legal. Offers and availability may vary by location and are subject to change. However, Texas lifted its ban on brass knuckles in 2019 after a 22-year-old woman was charged with possession of an illegal weapon when police found a self-defense keychain in her purse. Best Self Defense Keychains: Where to Buy? 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. Do YOU need real and effective help with your Assault, DV, DUI or other Criminal Charge? If your answer to question 1 is yes, was the defendant: Coming to the aid of another who was in imminent danger of a heinous crime? *Amazon.com price as of post date. Heres a bonus: If you are charged with a crime for using force in self-defense and are found not guilty by reason of self-defense, Washington State self-defense laws entitle you to reimbursement for your costs related to the charge. 11 Best Self Defense Weapons & Tools For Women, Your email address will not be published. Attorneys Court and Michelle Will have helped thousands of people like you resolve their cases successfully. 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. A lot of the gray area comes down to the word reasonable.. Well also examine different kinds of force and different scenarios, including deadly force and Washington State self-defense gun laws. The email address cannot be subscribed. You can stand your ground and defend yourself, your family and your home. We know that can potentially be legal is not as clear as you would like. 4. Kubatons are small sticks, about the size of a thick pen, which can be used to concentrate the force of your blow. 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. I will aggressively challenge the prosecutions allegations and relentlessly obtain evidence that will help your defense. ASVAB Scores For Air Force Jobs: All 130+ For 2022, How To Choose The Right Military Branch For You, #1. In these situations, you can defend yourself (or others, or your property), but only using the minimum force necessary to protect against the threat. The built-in flashing is another terrific feature of the JOLT J.A.C.K. 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. Batons are devastating and will hammer anybody into submission. The following states currently have stand your ground laws in place: There are states that have laws similar to stand your ground but with significant differences such as California. Whats more, the Mini Brutus Bulldog Keychain includes a concealed 1.25 blade. 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. In fact, the home security and personal protection supplier has been in operation since 2003. You are trying to keep a mentally incompetent person from hurting someone. 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. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award. Such a response would likely be considered unreasonably serious, considering the nature of the threat. The use of lethal force in self defense cases is often a source of controversy. , but lets take a moment to consider that using deadly force is rarely necessary. For example, you cannot bring a stun gun onto K-12 public or . It can also happen with knives, automobiles, baseball bats, and many other objects. 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. 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. Washington State Concealed Carry Reciprocity: What You Need to Know, Ending Sex Offender Registration Requirement. Brutus Bulldog Keychain Knuckle Knife, #6. What City/County is your case located in? In that hypothetical scenario, you would be deemed the primary aggressor and have no claim of self-defense as youd be seen as having exceeded the permissible scope of the defense of self-defense.. When all is said and done, This is a common fear. 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. 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. Some still require a duty to retreat when it comes to using lethal force. 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. Check reviews and buy Stinger Self Defense Tactical Keychain today. See ER 803(a) (5); ER 607. You are allowed to defend yourself by standing your ground, and that includes the use of deadly force. If you or a friend or family member have lost your gun rights, Findley & Rogers can help you cut through the red tape to, . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. You are trying to prevent a malicious trespass or some other form of interference with your property. Engaged in criminal conduct substantially related to the events giving rise to the crime with which the defendant is charged. The state of the law around any self-defense tool can be confusing, frustrating, and altogether infuriating. 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. 2. . In many situations, such as a home invasion, deadly force can be a reasonable amount of force, because the situation happens very quickly and there are many unknowns. 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. (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. If your caught in possession of a self-defense kitty or dog keychain here in the state of . Its also small enough to squeeze into a pocket or purse. The best self defense keychains are affordable and compact. In simple terms, what this means is that you cant shoot somebody if all theyre going to do is push you or shove you without causing grievous harm. While most states have a form of the castle doctrine these laws differ from state to state. 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. If you acted in self-defense, Washington State stand your ground law may offer the defense you need to get criminal charges dropped. 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. These self defense keychains will keep you safe and protected considering that violent crime is getting worse in the United States. That would, however, require a trial. Defense of Others. Office: (206) 624-1662 / Cell: (425) 367-1122, I have handled thousands of criminal defense cases in the past 25+ years. You reasonably believe that you are facing the imminent threat of physical attack. In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct. Often, these tools and accessories include items like pepper spray. Pepper spray is an extremely effective and easy way to defend yourself. You may be able to lean on Washingtons stand your ground laws as a defense against criminal charges that you are facing. Name are designed to help you in situations where you are facing a physical threat from somebody else. 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. While most States have a form of a thick pen, which be... They are classified much the same as knuckle dusters or brass knuckles can also happen with,... Know that physical violence is usually against the law ) ( 5 ) ; 607! 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are self defense keychains legal in washington state