Brutus the Bulldog wants to keep you safe and protected. A Proven Passion for Protecting Your Rights! Can I Lose My License for Field Sobriety Test Refusal. Ideally, the written statement should take the form of a "Smith affidavit". If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award. Pepper spray or mace for self-defense appears to be legal for use by persons 18 and over. 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. Many Washington attorneys offer free consultations. 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 . Some people believe stand your ground laws encourage violence and a shoot first, ask later mentality. And if you use deadly force, thats usually a felony. In the course of defending yourself, your property, or others, you accidentally break the law. If you are facing criminal charges after acting in self-defense, you have legal options. All Rights Reserved. Give me a call if you need help. The rechargeable Streetwise S.M.A.C.K. The crux of Washingtons self-defense legislation is found in RCW 9A.16.110(1). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Rob V. is the founder of OperationMilitaryKids.org. (3) Whenever the issue of justifiable homicide, justifiable use of deadly force, or self-defense under this section is decided by a judge, or whenever charges against a peace officer are dismissed based on the merits, the judge shall consider the same questions as must be answered in the special verdict under subsection (4) of this section. 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. You are facing the imminent threat of physical attack. 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. Check with your locality before you purchase one and get busted for it. The recantation may take many forms. If you are being attacked or think youre about to be attacked, you have the legal authority to protect yourself. If you acted in self defense it must be affirmatively pled and relied upon to try to exonerate you. In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct. Stun Gun Keychain is backed by a lifetime guarantee. As a result, users have no hesitation storing the mini stun gun in a pocket or purse. If you acted in self-defense, Washington State stand your ground law may offer the defense you need to get criminal charges dropped. Yes, concealed carry is always an option for those that prefer to rely on a sidearm. "Apparently the consequences of carrying this keychain in public is $1000 fine or one year in jail," said Susan. (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. 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. Lastly, the JOLT J.A.C.K. By the time of trial, a victim might minimize the initial report of violence, vary from the initial report, or recant altogether. While state law does permit you to use force in certain situations, there are some gray areas when it comes to Washington State self-defense laws. 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. (2) "Deadly force" means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury. This website is intended for informational purposes only, and it should not be construed as legal advice. They can fight back and use the necessary amount of force to protect themselves. Office: (206) 624-1662 / Cell: (425) 367-1122, I have handled thousands of criminal defense cases in the past 25+ years. The tactical keychain features a kubotan jabber and a concealed self defense knife. If you'd like to read additional information and resources related to this topic, you can visit the links listed below. Its about half the size of most stun guns yet still delivers 77 million volts of electricity. Ask the countless clients who have turned to Will & Will, Attorneys At Law, in their time of need. If you use excessive force, your self-defense argument will probably not hold up in court. Unfortunately, Susan. Sabre Red Pepper Gel. AUSTIN Texas Gov. 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. In general, some people feel more comfortable relying on metal rings, batons, and knives as a form of personal protection. And if you use deadly force, thats usually a felony. 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 self-defense laws state that you may use physical force to defend yourself if: Washington State self-defense laws are pretty generous in this regard. High profile celebrities like Lena Dunham have also found this out the hard way. It assists people in dark or quiet places, and the light may distract intruders altogether. You may NOT use physical force against a financial attack, such as identity theft. Greg Abbott has signed a bill into law lifting the state's ban on brass knuckles, kitty keychains and other self-defense items. Furthermore, they can also be used to attach mini stun guns or pepper spray for ready access. 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. We know that can potentially be legal is not as clear as you would like. The WeaponTek Tactical Self Defense is extremely portable. Speaking to a Criminal Defense Attorney in Washington. (3) The defense of duress is not available if the actor intentionally or recklessly places himself or herself in a situation in which it is probable that he or she will be subject to duress. For many reasons, a victim of domestic violence may not wish to proceed with the prosecution of a perpetrator. Moreover, stun guns deliver a tremendous amount of electricity but are almost never fatal. Streetwise Self Defense Keychain Pepper Spray Price: $11.25 Type: Pepper Spray Keychain Bellevue Office10900 NE 4th St,Suite 2300Bellevue, WA 98004Office:(425) 455-4784Mobile:(425) 367-1122Text Phil Now:CLICK HERE, Everett Office6320 Evergreen WaySuite DOffice:(425) 355-5300Mobile:(425) 367-1122Text Phil Now:CLICK HERE, Email:phil@weinbergdui.comFax: 425-742-1200, Skyline Tower10900 NE 4th St, Suite 2300Bellevue, WA 98004, Office: (425) 455-4784Mobile/Text: (425) 367-1122, Evergreen Professional Center6320 Evergreen Way, Suite DEverett, WA 98203, Office: (425) 355-5300Mobile/Text: (425) 367-1122, During your initial, free consultation we will discuss your case details and I will provide you with the best alternatives specific to your situation. Streetwise S.M.A.C.K. Copyright 2023 www.OperationMilitaryKids.org. Free ConsultationOffice: (425) 455-4784Mobile/Text: (425) 367-1122. 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. Search within r/Washington. A lot of the gray area comes down to the word reasonable.. 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. Pepper spray or mace for self-defense appears to be legal for use . But what about self-defense? 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. 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. You are allowed to defend yourself by standing your ground, and that includes the use of deadly force. 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. (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. Tire iron, screwdriver, hammer, baseball bat, etc. If the individual is physically incapable of fleeing the situation, the use of deadly force can be considered self defense. is available in pink for the ladies and black for those that prefer a more discreet option. In Washington, you are allowed to use force against someone in certain circumstances, including in self-defense. You are trying to prevent a malicious trespass or some other form of interference with your property. Kubatons and Tactical Pens - Best Self Defense Weapon for Keychains You don't need to carry around a large baton to thwack someone with a heavy blow, thanks to Kubatons. And, when combined with the force of your fist, produce a hefty punch. Get experienced King County and Seattle Assault / DV defense now. But in the case of self-defense, it can be an acceptable legal defense if you are charged with a crime. I can help. (b) Preventing a law enforcement agency from adopting standards pertaining to its use of deadly force that are more restrictive than this section. What City/County is your case located in? 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. There are no laws that prohibit the purchase and possession of stun guns or tasers in Washington state. 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. It can also be a factor in helping prosecutors decide whether to charge you with a crime in the first place. In the weeks or months between an incident and a trial, the perpetrator may have overtly threatened the victim. This reimbursement is not an independent cause of action. Therefore, the blow you deliver is painful and will slice anybody that dares attack you. Experienced, skilled and effective in helping clients through difficult times. If you need an attorney, find one right now. But it doesnt happen automatically: You have to petition the court. The following states currently have duty to retreat laws in place: Known as the castle doctrine, castle referring to a persons domain often including house, office, or automobile, these laws are similar to stand your ground policies, but are limited to a persons property. However, there must be an additional analysis as to the amount of force and whether it is reasonable given the circumstances. 2019 Summa Vibes All rights reserved. The written statement can be used to refresh the victim's recollection if she claims not to remember the incident. Its enough potency to subdue an intruder for 45 minutes, providing you ample time to escape. Office: (206) 624-1662 / Cell: (425) 367-1122. Pepper spray or mace for self-defense appears to be legal for use by persons 18 and over. It also shows how the government with its overwhelming powers the state views you and your case when you are charged with assaulting someone. before you have to defend yourself. 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. UTAH: Legal. Washington State self-defense gun laws, and the state courts, have repeatedly upheld this right. The force must be reasonable. WASHINGTON STATE: Legal with restrictions. Thats because, to avoid criminal charges, your actions have to have been reasonable given the details of the situation. You are allowed to defend yourself by standing your ground, and that includes the use of deadly force. 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