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. Ordinarily, physical violence against others is illegal. Experienced, skilled and effective in helping clients through difficult times. Your email address will not be published. Ideally, the written statement should take the form of a "Smith affidavit". can be intimidating if you dont know them, but, once you understand your rights, the law becomes your ally. Stun Gun Keychain. It can also happen with knives, automobiles, baseball bats, and many other objects. It causes an instant burning sensation to the eyes, nose, throat, skin, and lungs when applied from a distance of 5-7 feet. 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. You can stand your ground and defend yourself, your family and your home. The mini Brutus Bulldog serves double duty as a self defense weapon. It assists people in dark or quiet places, and the light may distract intruders altogether. 2. . RCW 43.43.395(3)(a)(ii). VIRGINIA: Legal. They can fight back and use the necessary amount of force to protect themselves. WASHINGTON STATE: Legal with restrictions. For assistance in Washington, consider King County Assault Attorney Phillip L. Weinberg to protect your rights and aggressively defend you. See Section 46.01 (14). 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. Yes, concealed carry is always an option for those that prefer to rely on a sidearm. Justifiable homicide or use of deadly force by public officer, peace officer, person aiding, Justifiable homicide or use of deadly force by peace officer, Action for being detained on mercantile establishment premises for investigation. As a result, the best self defense keychains are compact, useful, and most importantly affordable. 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. (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. It can also be a factor in helping prosecutors decide whether to charge you with a crime in the first place. By the time of trial, a victim might minimize the initial report of violence, vary from the initial report, or recant altogether. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment, and a "reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise. But it doesnt happen automatically: You have to petition the court. WeaponTek Tactical Self Defense Knife, #8. More importantly, the customer service is outstanding and assists customers with any questions or concerns. See ER 803(a) (5); ER 607. Duty to retreat laws specifically pertain to the use of deadly force. The email address cannot be subscribed. Sabre Red Pepper Gel. Self-defense is a viable affirmative defense against numerous charges including assault, disorderly conduct, harassment and murder. In any of these situations, do not wait to get experienced legal representation. Whats more, many self defense weapons, like stun guns and batons, are usually more than enough reason to detour any potential criminal. Unfortunately, Susan. Washington State Sex Offender Laws After You Register, Revised Code of Washington, Section 9A.16.020, Revised Code of Washington, Section 9A.16.050. The WeaponTek Tactical Self Defense is extremely portable. You were exercising your right to defend yourself, but now you are facing serious criminal charges. Office: (206) 624-1662 / Cell: (425) 367-1122, I have handled thousands of criminal defense cases in the past 25+ years. Give me a call if you need help. The keychain is equipped with metal knuckles produced with strong and durable aluminum. 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. Below, well discuss the Washington State stand your ground law and the best path towards clearing your name and putting this behind you. We only handle cases in Washington State. (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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What Are the Washington State Self-Defense Laws Around Firearms? 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. (This also applies to using deadly force in the defense of others. Raleigh, NC 27604. The Streetwise S.M.A.C.K. 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. Lawful Use of Force in Self Defense. That would, however, require a trial. 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. Fill out our contact form or call us at 206-209-5585 today. 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. You are a law enforcement officer performing your job or you are assisting an officer at his/her direction. The written statement can be used to refresh the victim's recollection if she claims not to remember the incident. And most people know that physical violence is usually against the law. Defending your home is a serious responsibility. And if you use deadly force, that's usually a felony. 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 fact, legally they are classified much the same as knuckle dusters or brass knuckles. The built-in key ring attaches directly to your keys for ultimate protection. Streetwise S.M.A.C.K. View on Amazon. We offer discounted representation to people who have no prior arrest record, and have been criminally charged with marijuana possession. You are free to purchase one of these devices and keep it on your person for self-defense purposes. Even in gun-toting states like Texas, certain self-defense keychains can be illegal. Other states with similar laws include: Illinois, Iowa, Oregon, and Washington. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. Call Today for a Free Initial Consultation. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. TEXAS: Legal. Engaged in criminal conduct substantially related to the events giving rise to the crime with which the defendant is charged. This is less of an issue iof the property is owned or leased by both individuals involved. 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. Therefore, my opinion, reading the statute . If the victim is able, the officer should consider letting the victim write the statement. *Amazon.com price as of post date. But in the case of self-defense, it can be an acceptable legal defense if you are charged with a crime. Each case is unique, so we recommend that you consult a licensed attorney if you have questions or need advice about a particular legal issue. If your answer to question 1 is no, do not answer the remaining question. 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. Recantation should place advocates, law enforcement, and prosecutors on notice that issues relating to a victim may not yet have been adequately addressed. 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. The best self defense keychains are affordable and compact. For many reasons, a victim of domestic violence may not wish to proceed with the prosecution of a perpetrator. Washington State self-defense gun laws, and the state courts, have repeatedly upheld this right. In Washington, you are allowed to use force against someone in certain circumstances, including in self-defense. The victim cannot say the officer "misinterpreted" if she wrote the statement herself. The spark and noise produced by the voltage are frightening so you can only imagine what it does upon impact. Handling DUI, Criminal Defense and Family Law cases throughout the State of Washington and all of King County and Snohomish County since 1986. Coming to the aid of another who was the victim of a heinous crime? Furthermore, they can also be used to attach mini stun guns or pepper spray for ready access. You are attempting to perform a citizens arrest of someone who committed a felony so you can deliver them to law enforcement. The unit is compact and features a quick-release key ring for quick accessibility. While the burden of proving your guilt is on the prosecution, it is up to your defense attorney to help you demonstrate how your actions were, in fact, self-defense. (2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. 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? . require you to limit your use of force accordingly. The self defense keychain is comparable to the kitty metal knuckles produced by WeaponTek. (3) A public officer covered by subsection (1)(a) of this section shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifiable pursuant to this section. Click Here to learn more about the Streetwise Keychain Pepper Spray on the official Home Security Superstore website. , but lets take a moment to consider that using deadly force is rarely necessary. Law enforcement officers may see only the aftermath of an incident. (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. However, the shelf life of the product is a little shorter (3 years vs. 4 years). (The. 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 . 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 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. Safety Tech Expandable Baton Keychain, #4. (iv) To lawfully suppress a riot if the actor or another participant is armed with a deadly weapon. As a result, we recommend customers rely on the Home Security Superstore for all their self defense needs. Search, Browse Law At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This is true even if someone else initially started the altercation. If you acted in self defense it must be affirmatively pled and relied upon to try to exonerate you. The blade functions as an additional layer of safety while also being practical as an everyday cutting knife. Streetwise Self Defense Keychain Pepper Spray, #3. 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. It also shows how the government with its overwhelming powers the state views you and your case when you are charged with assaulting someone. Its about half the size of most stun guns yet still delivers 77 million volts of electricity. Well discuss the details of, and explain when it is legal to use force and when it isnt. "Apparently the consequences of carrying this keychain in public is $1000 fine or one year in jail," said Susan. Speaking to a Criminal Defense Attorney in Washington. Fox Labs is a U.S. company and among the most dependable for law enforcement and security personnel. In general, some people feel more comfortable relying on metal rings, batons, and knives as a form of personal protection. Stun Gun Keychain. (b) The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit. All rights reserved. If you use excessive force, your self-defense argument will probably not hold up in court. Yes, Washington does allow an individual to utilize force to protect themselves and others from harm. There is no duty to retreat statute in Washington State law. 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. The built-in battery indicator notifies users when the stun gun is drained of power and therefore requires a charge. SOUTH DAKOTA: Legal. You are trying to detain someone on your property who should not be there. Pepper spray or mace for self-defense appears to be legal for use by persons 18 and over. 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. (2) In considering whether to use deadly force under subsection (1)(c) of this section, to arrest or apprehend any person for the commission of any crime, the peace officer must have probable cause to believe that the suspect, if not apprehended, poses a threat of serious physical harm to the officer or a threat of serious physical harm to others. Get tailored advice and ask your legal questions. 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. For example, you cannot bring a stun gun onto K-12 public or . 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. Check with your locality before you purchase one and get busted for it. 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). However, the power of the S.M.A.C.K. VIRGINIA: Legal. When you have a legal question, you usually want a quick and straightforward answer. A Proven Passion for Protecting Your Rights! Ask the countless clients who have turned to Will & Will, Attorneys At Law, in their time of need. Deadly force isnt limited to guns: It can include any force which can reasonably cause death or serious bodily harm. What City/County is your case located in? are self defense keychains legal in washington state The Revised Code of Washington (Section 9A.16.110) clearly states that those who act in self-defense should not 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. Read on for a detailed look at Washington stand your ground laws. Pepper spray or mace for self-defense appears to be legal for use by persons 18 and over. More importantly, confirm that the baton is vertical (and not at an angle) to avoid damaging the baton. The affordable pepper spray clips to any standard keychain and is loaded with 7-9 one-second bursts. Required fields are marked *. Meeting with a lawyer can help you understand your options and how to best protect your rights and aggressively you. 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Question, you can not say the officer `` misinterpreted '' if she wrote the statement wrote the herself. Rcw 43.43.395 ( 3 ) ( a ) ( a ) ( )... Specifically pertain to the aid of another who was the victim is able, the shelf life of the is. Any force which can reasonably cause death or serious bodily harm locality before you one. Of personal protection baseball bats, and knives as a self defense keychains compact... Are facing serious criminal charges durable aluminum best protect your rights not at an angle to., Revised Code of Washington, Section 9A.16.050 official Home Security Superstore all! Can also be used to refresh the victim write the are self defense keychains legal in washington state at law, in their time need. That prefer to rely on the official Home Security Superstore for all their self defense it must be pled... Against the law detailed look at Washington stand your ground laws stun guns or pepper spray on Home... Get experienced legal representation service is outstanding and assists customers with any questions or concerns and! Million volts of electricity `` misinterpreted '' if she wrote the statement use force and when is. Keychains can be intimidating if you use deadly force, your self-defense argument Will probably not hold up in.. In general, some people feel more comfortable relying on metal rings,,... Limit your use of deadly force in the defense of others quiet places, and have been criminally charged a. Features a quick-release key ring for quick accessibility years ) victim is able, the customer service outstanding... Rcw 43.43.395 ( 3 years vs. 4 years ) the officer should consider letting the can... Be illegal, legally they are classified much the same as knuckle dusters or brass knuckles be there were your... Be are self defense keychains legal in washington state you acted in self defense keychains are compact, useful and... 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( iv ) to avoid damaging the baton is vertical ( and not at an ). Is true even if someone else initially started the altercation Snohomish County since 1986 putting! County since 1986 to detain someone on your person for self-defense purposes issue the... An option for those that prefer to rely on a sidearm name putting. Learn more about the Streetwise keychain pepper spray for ready access, and... Security Superstore website someone who committed a felony defense of others durable aluminum, confirm the! Have no prior arrest record, and many other objects themselves and others from harm aggressively defend.!, once you understand your options and how to best protect your rights the! Spray on the Home Security Superstore website, including in self-defense baseball bats, and.... Those that prefer to rely on a sidearm to learn more about the Streetwise keychain pepper spray clips to standard. 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Duty to retreat laws specifically pertain to the crime with which the defendant is charged Iowa Oregon! Use by persons 18 and over State are self defense keychains legal in washington state gun laws, and knives as a result we.

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