See Section 9.91.160. The age, size, and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate. But what about self-defense? The statutes read: 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, murder, or any other violent crime as defined in RCW 9.94A.030.. As such, if you and your attorney present a solid case, and the court finds you not guilty because you acted in self-defense, your case will be dismissed and the state will reimburse you for all reasonable costs, including your loss of time, legal fees and other expenses involved in your defense, as provided by RCW 9A.16.110(2). But it doesnt happen automatically: You have to petition the court. We also specialize in other firearm rights issues, such as NICS appeals and CPL licensure. There is one restriction: You must be in a place that you are legally allowed to be, such as home, work, or your vehicle. In this article, were specifically looking at. Log In Sign Up. For example, some states have "stand your ground laws" while others require a person to retreat before using force. There is no duty to retreat statute in Washington State law. Legal help is available with a simple call or click. You are a law enforcement officer performing your job or you are assisting an officer at his/her direction. Its enough potency to subdue an intruder for 45 minutes, providing you ample time to escape. 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. See ER 803(a) (5); ER 607. 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. The use of lethal force in self defense cases is often a source of controversy. While the group Individual Defensive Tactics says the keychain is legal in most states, you should probably check with your local police department. Streetwise Self Defense Keychain Pepper Spray Price: $11.25 Type: Pepper Spray Keychain (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? 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. In these situations, you can defend yourself (or others, or your property), but only using the minimum force necessary to protect against the threat. Choose quality materials that will ensure that your keychains are durable and long lasting. This exception of self-defense (and defense of others or property), however, has its own complications and even its own exceptions, making things complex and difficult to understand, especially in the split seconds when you must decide whether to use force for self protection or survival, etc. Visit their official website here: www.TheHomeSecuritySuperstore.com. RCW 43.43.395(3)(a)(ii). WeaponTek Tactical Self Defense Knife, #8. Any victim authored statement should be reviewed to determine whether all necessary details are included or whether additions need to be made. Free ConsultationOffice: (425) 455-4784Mobile/Text: (425) 367-1122. But how do you do that? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Contact us today for a free consultation to learn about your options! Stun Gun is sold with a black nylon holster that some may elect to use instead of the keychain. 2023 Law Offices of Phillip L. Weinberg -, statute that allows you to use violence in self-defense. Click Here to learn more about the WeaponTek Metal Knuckle Keychain on the official Home Security Superstore website. Stand your ground laws enable people to use force in certain situations. (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. In light of this, proving that you acted in self-defense offers the best path to getting the charges dropped. (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. In order to better understand Washington's self-defense laws, it's helpful to define a few related terms. Defending your home is a serious responsibility. For example, some states have "stand your ground laws" while others require a person to retreat before using force. And if you use deadly force, that's usually a felony. . 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). This reimbursement is not an independent cause of action. If someone maliciously approaches you or your home, you do not have to try to escape first. 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. If you or a friend or family member have lost your gun rights, Findley & Rogers can help you cut through the red tape to restore your gun rights. (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. The best self defense keychains conceal metal knuckles, knives, and batons. entitle you to reimbursement for your costs related to the charge. The anger, fear and frustration of having to deal with criminal charges when you were only acting in self-defense can be extremely overwhelming. You May Use Force in Self-Defense The good news is that Washington State self-defense laws are designed to help you in situations where you are facing a physical threat from somebody else. The best self defense keychains are affordable and compact. This is why its very important to know Washington State self-defense laws before you have to defend yourself. For assistance in Washington, consider King County Assault Attorney Phillip L. Weinberg to protect your rights and aggressively defend you. 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. 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.. Check reviews and buy Brutus Self Defense Tactical Keychain today. Neighbors may only hear screams or shouting without seeing what is happening. (b) Preventing a law enforcement agency from adopting standards pertaining to its use of deadly force that are more restrictive than this section. 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. (c) "Reasonable grounds" include, but are not limited to: (i) Exhibiting the effects of having consumed liquor, which means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either: (A) Is in possession of or in close proximity to a container that has or recently had liquor in it; or, (B) Is shown by other evidence to have recently consumed liquor; or. Washington's Stand Your Ground laws provide solid protection against harm and liability for law-abiding citizens. More importantly, the customer service is outstanding and assists customers with any questions or concerns. Fights can happen. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Rob V. is the founder of OperationMilitaryKids.org. Engaged in criminal conduct substantially related to the events giving rise to the crime with which the defendant is charged? Even better, the JOLT J.A.C.K. More importantly, confirm that the baton is vertical (and not at an angle) to avoid damaging the baton. are self defense keychains legal in washington state Now, lets explore the 8 Best Self Defense Keychains for 2023 in more detail: There are so many varieties of self defense keychains. 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. Washington State self-defense laws state that you have no duty to retreat from a violent situation. TEXAS: Legal. Whether you acted to protect yourself or another from a violent crime or help someone who was going to be hurt, self-defense is within your rights. All rights reserved. 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. Therefore, my opinion, reading the statute . You must understand that Washington State self-defense laws require you to use the minimum amount of force that is reasonable given the situation. are designed to help you in situations where you are facing a physical threat from somebody else. Ideally, the written statement should take the form of a "Smith affidavit". I will aggressively challenge the prosecutions allegations and relentlessly obtain evidence that will help your defense. See Section 9.91.160. Stun Gun Keychain. Deadliest feature: They might look cute, but. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); When a dangerous situation presents itself, theres often little time to react. The case of Trayvon Martin for example, did not fall under a castle doctrine because it occurred outside of George Zimmermans domain. Washingtons Mandatory Arrest Law for Domestic Violence. The mini Brutus Bulldog serves double duty as a self defense weapon. Under the law, you may legally use force to defend yourself in these situations: As you can see, there are multiple instances in which self-defense applies. 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. UTAH: Legal. Five On Your Side found that carrying a cat-eye keychain is illegal in Missouri. can be intimidating if you dont know them, but, once you understand your rights, the law becomes your ally. For this reason, it's helpful to read a summary of the law in plain English. Pepper spray is an extremely effective and easy way to defend yourself. Read on to learn how. 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. Stun Gun Keychain is backed by a lifetime guarantee. If your answer to question 1 is no, do not answer the remaining question. Consequently, most intruders do not realize you possess the self defense weapon until you decide to reveal it. Get tailored advice and ask your legal questions. A Proven Passion for Protecting Your Rights! 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. In fact, legally they are classified much the same as knuckle dusters or brass knuckles. We only handle cases in Washington State. Its a very compact and portable stun gun that attaches to keychains. Well discuss the details of, and explain when it is legal to use force and when it isnt. These self defense keychains will keep you safe and protected considering that violent crime is getting worse in the United States. Stand your ground laws can differ from state to state. Going over the event in detail with your legal team will help as they create your defense. However, there must be an additional analysis as to the amount of force and whether it is reasonable given the circumstances. 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. Copyright 2023, Thomson Reuters. February 17, 2021 | In Uncategorized | 1 Minute. (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? AUSTIN Texas Gov. Understanding Washington State self-defense laws is a great place to start. However, there are certain restrictions on where and how you can use a stun gun. Even in gun-toting states like Texas, certain self-defense keychains can be illegal. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award. Certain situations Texas, certain self-defense keychains can be extremely overwhelming be reviewed to determine all! Not have to petition the court officer performing your job or you are facing a physical threat somebody., certain self-defense keychains can be intimidating if you dont know them but. Makes a determination of self-defense, the law in plain English an angle ) to avoid damaging baton... Be extremely overwhelming analysis as to the events giving rise to the crime with the! And how you can use a stun Gun that attaches to keychains will keep you and... Having to deal with criminal charges when you were only acting in self-defense in... 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