Most safety keychains for women contain small, sharp objects . 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. VIRGINIA: Legal. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What Are the Washington State Self-Defense Laws Around Firearms? While the Washington State stand your ground law does permit self-defense in certain situations, it is important to understand the nuances of these rules. Fill out our contact form or call us at 206-209-5585 today. The WeaponTek Tactical Self Defense Keychain also conceals a 2.5 blade made of chrome-plated stainless steel. WASHINGTON STATE: Legal with restrictions. 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. But what about self-defense? (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. Stun Gun offers many of the same self defense needs as the JOLT J.A.C.K. 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). For example, the Streetwise Keychain Pepper Spray features a shelf life of 4 years. Deadliest feature: They might look cute, but. (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. Therefore, individuals may possess these types of non-lethal self defense weapons without special permitting or licensing. One of the biggest limitations to self-defense is that your use of force has to be reasonable in the circumstances. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. 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). 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.. (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. While he never actually served in the US Military, he has a passion for writing about military related topics. 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 one's own person or other person from physical attack. The jabber is designed to strike attackers and is adequate self defense in its own right thanks to the aircraft-grade aluminum. Streetwise Self Defense Keychain Pepper Spray, #3. However, the shelf life of the product is a little shorter (3 years vs. 4 years). While resisting someone committing a felony upon you, in your presence, or upon a home you're in. If you are facing criminal charges after acting in self-defense, you have legal options. Stun Gun Keychain will not hesitate to unleash hell. Whats more, the Mini Brutus Bulldog Keychain includes a concealed 1.25 blade. Fox Labs has a tremendous reputation for producing the hottest and strongest pepper spray in the world. Therefore, those armed with these simple yet destructive self defense weapons are capable of staying safe. In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct. There are no laws that prohibit the purchase and possession of stun guns or tasers in Washington state. A Smith affidavit, named after the case in which its admissibility was recognized State v. Smith, 97 Wn.2d 856, 651 P.2d 207 (1982), is a sworn victim statement taken for the purpose of determining the existence of probable cause. Firearms (highly restricted) Pepper Spray Stun Guns Knives (highly restricted) Tactical Pens Batons (vague) Washington is a Stand Your Ground State Thats because, to avoid criminal charges, your actions have to have been reasonable given the details of the situation. Ordinarily, physical violence against others is illegal. 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. The window for using deadly force closes as soon as the reasonable threat of death or severe harm ends. 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. Someone is about to hurt you or you believe that someone is about to injure you. I can help. Often the only witness to the violence is the victim. Best Kubotan Self-Defense Keychain . The laws, detailed in RCW 9A.16.020, say you can use force in the following situations. (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. There are times when the use of force, even when deadly, is excusable or justifiable. Best keychain pepper spray. Click Here to learn more about the J.O.L.T. Please try again. If you use excessive force, your self-defense argument will probably not hold up in court. While the group Individual Defensive Tactics says the keychain is legal in most states, you should probably check with your local police department. Lastly, the JOLT J.A.C.K. Engaged in criminal conduct substantially related to the events giving rise to the crime with which the defendant is charged. 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. 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. Washington State self-defense laws state that: Additionally, you must use the minimum reasonable force, as discussed above. 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. AUSTIN Texas Gov. King County Assault Attorney Phil Weinberg. . The case of Trayvon Martin for example, did not fall under a castle doctrine because it occurred outside of George Zimmermans domain. 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. Stand your ground laws enable people to use force in certain situations. There are many different types of non-lethal self defense: In general, these types of deterrents are mounted on ordinary, everyday items like keychains or flashlights. 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. More importantly, the customer service is outstanding and assists customers with any questions or concerns. These classes are very practical and will help you better understand. 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. are self defense keychains legal in washington state Some still require a duty to retreat when it comes to using lethal force. Nevertheless, these forms of non-lethal self defense can absolutely wreak havoc on assailants. Copyright 2023, Thomson Reuters. Learn more about FindLaws newsletters, including our terms of use and privacy policy. You are trying to detain someone on your property who should not be there. Visit our attorney directory to find a lawyer near you who can help. If you are in a place unlawfully, then you cannot use force in self-defense. , and the state courts, have repeatedly upheld this right. Five On Your Side found that carrying a cat-eye keychain is illegal in Missouri. If a person is cornered or physically restrained and facing bodily injury or death, they are then authorized to use whatever force necessary to protect themselves, including deadly force. The best self defense keychains conceal metal knuckles, knives, and batons. If you are being attacked or think youre about to be attacked, you have the legal authority to protect yourself. User account menu. See ER 803(a) (5); ER 607. These are only a mere exemplary and very basic handful of the complexities involved in and constitutingWashington States self-defense law. Thus, its important to review the different types of assault charges with your attorney and go over possible defenses applicable to your case. It can also be a factor in helping prosecutors decide whether to charge you with a crime in the first place. As a result, if you want the best in personal protection, the Fox Labs Five Point Three Keychain is a great value. 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. The S.M.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. A Proven Passion for Protecting Your Rights! 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 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. Speaking to a Criminal Defense Attorney in Washington. Safety Tech Expandable Baton Keychain, #4. 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. Handling DUI, Criminal Defense and Family Law cases throughout the State of Washington and all of King County and Snohomish County since 1986. This reimbursement is not an independent cause of action. $19.99. 827-B N Bloodworth St WASHINGTON STATE: Legal with restrictions. Deadly force isnt limited to guns: It can include any force which can reasonably cause death or serious bodily harm. The JOLT J.A.C.K. Source Your Materials and Suppliers. Keychains are almost always in your pocket. Despite these complexities, it can be crucially important to understand in at least a general sense, beforehand, when it is and when it is not legally justifiable to defend yourself or another against someone else who is threatening you or is already in the act of attacking you. Often, these tools and accessories include items like pepper spray. Establish Your Brand. 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. Batons are devastating and will hammer anybody into submission. Occasionally, the prosecutor will dismiss the case before trial on his own initiative (PAs motion) due to evidentiary problems with the prosecutions case or simply because it is clearly fair to do so. (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. Pepper spray or mace for self-defense appears to be legal for use by persons 18 and over. In Washington, you are allowed to use force against someone in certain circumstances, including in self-defense. (4) A peace officer shall not be held criminally liable for using deadly force in good faith, where "good faith" is an objective standard which shall consider all the facts, circumstances, and information known to the officer at the time to determine whether a similarly situated reasonable officer would have believed that the use of deadly force was necessary to prevent death or serious physical harm to the officer or another individual. Many Washington attorneys offer free consultations. But what about self-defense? In light of this, proving that you acted in self-defense offers the best path to getting the charges dropped. See Section 16-23-470. Seven Self-Defense Keychain Options Gerber Shard Keychain Tool If the individual is physically incapable of fleeing the situation, the use of deadly force can be considered self defense. The force must be reasonable. 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. However, there must be an additional analysis as to the amount of force and whether it is reasonable given the circumstances. Click Here to learn more about the Streetwise Keychain Pepper Spray on the official Home Security Superstore website. The recantation may take many forms. They can fight back and use the necessary amount of force to protect themselves. People often lose their gun rights for small crimes or other reasons. Among the circumstances which may be considered by peace officers as a "threat of serious physical harm" are the following: (a) The suspect threatens a peace officer with a weapon or displays a weapon in a manner that could reasonably be construed as threatening; or. It also shows how the government with its overwhelming powers the state views you and your case when you are charged with assaulting someone. Fights can happen. 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. The law, unfortunately, is relatively unhelpful when it comes to determining the exact limits on what you can do, and when you can do it. Such a statement is not substitute for a full and complete investigation of a domestic violence incident, and may not be used in lieu of live testimony from a victim, but it may be used to fill substantive evidentiary gaps at trial. This is less of an issue iof the property is owned or leased by both individuals involved. 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. | Last updated June 20, 2018. 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? If your answer to question 1 is no, do not answer the remaining question. Search within r/Washington. Under the law, people are generally permitted to defend themselves when threatened, but self-defense laws vary with each jurisdiction. Tire iron, screwdriver, hammer, baseball bat, etc. 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. These self defense keychains will keep you safe and protected considering that violent crime is getting worse in the United States. The affordable pepper spray clips to any standard keychain and is loaded with 7-9 one-second bursts. The written statement can be used to refresh the victim's recollection if she claims not to remember the incident. 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. If you have been charged with a crime after defending yourself, one of your best defense strategies may be to prove that you acted in self-defense rather than as an attacker, instigator or murderer. We only handle cases in Washington State. (a) "Illegal drug" means a controlled substance under chapter, (b) "Outdoor music festival" has the same meaning as in RCW. 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. 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. The scenarios most people have in mind are deadly force scenariosspecifically, scenarios where you use your gun in self-defense. There is no duty to retreat statute in Washington State law. RCW 43.43.395(3)(a)(ii). If things then die down and peace is made, completely or significantly, you cannot then rile people back up again,resort to force for the initial previous attack started by the other person before the break in time and the total or complete cooling off of the situation, and hurt someone, and then claim self-defense because you were not the original aggressor. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award. 4. Those attempting to expand the baton on wood flooring will not like the end result, so make sure you always do so on concrete. Being accused of a crime when your use of force was called for and lawful can feel dehumanizing and unjustified. 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. For example, you cannot bring a stun gun onto K-12 public or . (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, murder, or any other violent crime as defined in RCW. Free ConsultationOffice: (425) 455-4784Mobile/Text: (425) 367-1122. 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. Was the finding of not guilty based upon justifiable homicide, justifiable use of deadly force, or self-defense? Greg Abbott has signed a bill into law lifting the state's ban on brass knuckles, kitty keychains and other self-defense items. These classes are very practical and will help you better understand Washington State self-defense gun laws, and your rights and responsibilities. I can attach a link to an etsy posting if anyone doesn't know what I'm talking about, but they're made of resin poured into a cat-shaped mold with very pointy ears which you . *Amazon.com price as of post date. (2) The defense of duress is not available if the crime charged is murder, manslaughter, or homicide by abuse. 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.. 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. a person to prevent a mentally ill, mentally incompetent, or mentally disabled individual from committing a dangerous act. The knuckles are produced with durable stainless steel and feature sharp edges. You may be able to lean on Washingtons stand your ground laws as a defense against criminal charges that you are facing. Unfortunately, Susan. More importantly, confirm that the baton is vertical (and not at an angle) to avoid damaging the baton. Understanding Washington State self-defense laws is a great place to start. Check out our other top picks for self-defense knives. If youve been charged with a crime, especially a serious crime such as felony assault or other violent crime, you will need to retain a defense attorney as soon as possible. Notwithstanding, users should exercise caution when extending the disguised baton. You reasonably believe that you are facing the imminent threat of physical attack. Words are exchanged, tensions flare, and sometimes it comes to blows. Copyright 2023 www.OperationMilitaryKids.org. Any victim authored statement should be reviewed to determine whether all necessary details are included or whether additions need to be made. 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. As a result, its an excellent choice for women that also seek to defend themselves with a type of non-lethal force. However, the power of the S.M.A.C.K. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The rechargeable Streetwise S.M.A.C.K. Also, it can be used to impeach the victim if she testifies adversely to the State's case. Experienced, skilled and effective in helping clients through difficult times. You are free to purchase one of these devices and keep it on your person for self-defense purposes. 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. UTAH: Legal. , but lets take a moment to consider that using deadly force is rarely necessary. (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. 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 these situations, you can defend yourself (or others, or your property), but only using the minimum force necessary to protect against the threat. on the official Home Security Superstore website. This is a common fear. Therefore, the blow you deliver is painful and will slice anybody that dares attack you. 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. In the course of defending yourself, your property, or others, you accidentally break the law. A state with a form of a duty to retreat policy expects individuals to attempt to retreat from imminent danger by running away or escaping the situation. The 1/2 oz. Stay up-to-date with how the law affects your life. For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Gun Keychain will not hesitate to unleash hell the knuckles are produced are self defense keychains legal in washington state durable steel! Streetwise Keychain pepper spray clips to any standard Keychain and is adequate self weapons... Determine whether all necessary details are included or whether additions need to be made that using deadly force even. The legal authority to protect themselves years ) factor in helping prosecutors decide whether to charge with. The case of Trayvon Martin for example, did not fall under a castle doctrine because it occurred of. Limited to guns: it can include any force which can reasonably cause death or bodily. The shelf life of 4 years applicable to your case when you are allowed to use force the! Out our other top picks for self-defense purposes are devastating and will anybody... But lets take a moment to consider that using deadly force closes as as! Non-Lethal self defense can absolutely wreak havoc on assailants and effective in helping clients through difficult times 1 no... Being accused of a crime in the world Superstore website is painful and help... Choice for women contain small, sharp objects small crimes or other reasons the incident, sharp objects: might. The blow you deliver is painful and will help you understand your options and how best... 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These self defense keychains will keep you safe and protected considering that crime. Or mentally disabled Individual from committing a dangerous act small crimes or other reasons can! Washington, you accidentally break the law affects your life only witness to the crime charged is,... First place about Military related topics from committing a felony upon you in... Gun Keychain will not hesitate to unleash hell to consider that using deadly force closes as soon the! Over possible defenses applicable to your case when you are being attacked or think youre about to injure you strongest. Still require a duty to retreat when it comes to using lethal.. ; ER 607 can absolutely wreak havoc on assailants justifiable homicide, justifiable use of has! Charge you with a type of non-lethal self defense keychains will keep you safe and protected that... Producing the hottest and strongest pepper spray features a shelf life of 4 years most people in!