You are allowed to defend yourself by standing your ground, and that includes the use of deadly force. 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. As a result, users have no hesitation storing the mini stun gun in a pocket or purse. You are facing the imminent threat of physical attack. The Streetwise S.M.A.C.K. 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. Washington's Stand Your Ground laws provide solid protection against harm and liability for law-abiding citizens. This includes possession, sale, and manufacture of brass knuckles. In general, some people feel more comfortable relying on metal rings, batons, and knives as a form of personal protection. Its enough potency to subdue an intruder for 45 minutes, providing you ample time to escape. 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 site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. People often lose their gun rights for small crimes or other reasons. Click Here to learn more about the Fox Labs Five Point Three Keychain on the official Home Security Superstore website. Firms. 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. 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. There are no laws that prohibit the purchase and possession of stun guns or tasers in Washington state. Please try again. Read on to learn how. All Rights Reserved. This means that if a person is being attacked in an area they are allowed to be in, they do not have to try to escape to safety. r/Washington. (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. 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 you or a friend or family member have lost your gun rights, Findley & Rogers can help you cut through the red tape to, . The email address cannot be subscribed. Washington State self-defense laws state that you have no duty to retreat from a violent situation. 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. a person to prevent a mentally ill, mentally incompetent, or mentally disabled individual from committing a dangerous act. Stand your ground laws enable people to use force in certain situations. before you have to defend yourself. Washington State self-defense laws state that: Additionally, you must use the minimum reasonable force, as discussed above. 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. However, there are certain restrictions on where and how you can use a stun gun. Unfortunately, Susan. Moreover, the jabber is resourceful for smashing a glass window in the event youre locked out of a vehicle. Furthermore, they can also be used to attach mini stun guns or pepper spray for ready access. (B) Is shown by other evidence to have recently consumed an illegal drug. Handling DUI, Criminal Defense and Family Law cases throughout the State of Washington and all of King County and Snohomish County since 1986. Failure to adhere to this law will lead to a fine between $50 and $1000 or up to six months of imprisonment. Search within r/Washington. These classes are very practical and will help you better understand. 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. In this article, were specifically looking at Washington State self-defense gun laws, but lets take a moment to consider that using deadly force is rarely necessary. Click Here to learn more about the J.O.L.T. (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. If your caught in possession of a self-defense kitty or dog keychain here in the state of . The S.M.A.C.K. Well discuss the details of, and explain when it is legal to use force and when it isnt. The penalties will depend on the level of your charges, as well as the details of your case. In many stand your ground states a person can avoid trial altogether and be granted immunity from prosecution with a claim of self-defense. Pepper spray or mace for self-defense appears to be legal for use by persons 18 and over. 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. canister available by Streetwise is a worthwhile investment. 2019 Summa Vibes All rights reserved. The rechargeable Streetwise S.M.A.C.K. For example, some states have "stand your ground laws" while others require a person to retreat before using force. Contact us today for a free consultation to learn about your options! See Section 16-23-470. 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. Firearms (highly restricted) Pepper Spray Stun Guns Knives (highly restricted) Tactical Pens Batons (vague) Washington is a Stand Your Ground State 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. Moreover, stun guns deliver a tremendous amount of electricity but are almost never fatal. But in the case of self-defense, it can be an acceptable legal defense if you are charged with a crime. Pepper spray or mace for self-defense appears to be legal for use . In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct. An important requirement to claim self-defense after hurting or killing someone is demonstrating that you were legally entitled to be in the location where the violence occurred. Copyright 2023 www.OperationMilitaryKids.org. (b) There is probable cause to believe that the suspect has committed any crime involving the infliction or threatened infliction of serious physical harm. This field is for validation purposes and should be left unchanged. TEXAS: Legal. The design of the kitty actually has a purpose with the eyes utilized as finger holes while the ears transform into spikes once the hand is clutched. As the above mentioned shooting of teenager Trayvon Martin, there have been many cases where a self defense was used to protect an individual from prosecution for a homicide. 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. The tactical keychain features a kubotan jabber and a concealed self defense knife. "Reasonable time" may not exceed one hour. (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. 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). Pepper spray is an extremely effective and easy way to defend yourself. Click Here to learn more about the Brutus Bulldog on the official Home Security Superstore website. (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. See Section 46.01 (14). 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.) The state of the law around any self-defense tool can be confusing, frustrating, and altogether infuriating. Likewise, if you have been served with a temporary DV Protection Order (effective for 14 days until a return hearing in ncourt on that civil matter, this can evolve into criminal charges, in addition.) English | Dutch. Click Here to learn more about the S.M.A.C.K. Office: (206) 624-1662 / Cell: (425) 367-1122. Therefore, the blow you deliver is painful and will slice anybody that dares attack you. (The. WeaponTek Tactical Self Defense Knife, #8. Deadly force is defined as using a firearm or any other means that is likely to cause serious physical injury or death. If the trier of fact makes a determination of self-defense, the judge shall determine 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. More importantly, its easy to take with you anywhere you travel thanks to the belt clip included with the purchase. Whats more, many self defense weapons, like stun guns and batons, are usually more than enough reason to detour any potential criminal. (2) The defense of duress is not available if the crime charged is murder, manslaughter, or homicide by abuse. and the legal Dos and Donts of using deadly force in self-defense. In the course of defending yourself, your property, or others, you accidentally break the law. Therefore, individuals may possess these types of non-lethal self defense weapons without special permitting or licensing. Words are exchanged, tensions flare, and sometimes it comes to blows. Washington law allows for the use of force under certain circumstances. Knowing when you can use force to stop them from hurting you can make the difference between convicted of a crime, or being acquitted on the grounds of self-defense. By abuse or purse to be legal for use ground states a person prevent... Charges dropped immunity from prosecution with a claim of self-defense more about the Brutus Bulldog on the of. Way to defend yourself by standing your ground laws '' while others require a person prevent... Disabled individual from committing a dangerous act from committing a dangerous act prosecution a... And the legal Dos and Donts of using deadly force an illegal drug a... 45 minutes, providing you ample time to escape the minimum reasonable force, as discussed above that dares you... Keychain on the official Home Security Superstore website penalties will depend on the official Home Security website... 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