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. For many reasons, a victim of domestic violence may not wish to proceed with the prosecution of a perpetrator. In general, some people feel more comfortable relying on metal rings, batons, and knives as a form of personal protection. It delivers 16 million volts of electricity which is impressive considering the unit is only 3 x 1.25. Pepper spray or mace for self-defense appears to be legal for use by persons 18 and over. Stun Gun offers many of the same self defense needs as the JOLT J.A.C.K. If you use excessive force, your self-defense argument will probably not hold up in court. Streetwise S.M.A.C.K. In the course of defending yourself, your property, or others, you accidentally break the law. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. As a result, users have no hesitation storing the mini stun gun in a pocket or purse. In other instances, independent witnesses may see or hear only parts of an incident. The lawful use of force/self-defense most commonly arises under three situations: Self Defense. 2023 Law Offices of Phillip L. Weinberg -, statute that allows you to use violence in self-defense. Kubatons are small sticks, about the size of a thick pen, which can be used to concentrate the force of your blow. Give me a call if you need help. View on Amazon. The keychain expands into a highly durable steel baton once the occasion calls for it with the simple flick of a wrist. If you've been charged with killing or seriously injuring someone, it's in your best interest to speak with a local criminal defense attorney who can review the facts of your case and determine if Washington self-defense laws apply. Washington's Self-Defense Law 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. (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. 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. If you acted in self defense it must be affirmatively pled and relied upon to try to exonerate you. But in the case of self-defense, it can be an acceptable legal defense if you are charged with a crime. The use of force is lawful when used out of necessity by: A homicide is excusable if it's committed by accident while in the course a lawful act, as long as there's no criminal negligence or any unlawful intent. "Reasonable time" may not exceed one hour. 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? Check out our other top picks for self-defense knives. VERMONT: Legal. Fox Labs has a tremendous reputation for producing the hottest and strongest pepper spray in the world. In light of this, proving that you acted in self-defense offers the best path to getting the charges dropped. , and the state courts, have repeatedly upheld this right. 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. Call Today for a Free Initial Consultation. Most safety keychains for women contain small, sharp objects . This list is illustrative of unreasonable actions and is not intended to be exclusive. Source Your Materials and Suppliers. In these situations, you can defend yourself (or others, or your property), but only using the minimum force necessary to protect against the threat. In many stand your ground states a person can avoid trial altogether and be granted immunity from prosecution with a claim of self-defense. The victim may be in hiding or simply afraid to confront the perpetrator in court as an accuser. It causes an instant burning sensation to the eyes, nose, throat, skin, and lungs when applied from a distance of 5-7 feet. For example, the Streetwise Keychain Pepper Spray features a shelf life of 4 years. 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. 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. Stun Gun is sold with a black nylon holster that some may elect to use instead of the keychain. 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. And if you use deadly force, that's usually a felony. This field is for validation purposes and should be left unchanged. 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. , but lets take a moment to consider that using deadly force is rarely necessary. (5) 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 otherwise where the charge was dismissed prior to trial, or to grant a higher award than one granted under this section. The WeaponTek Self Defense Cat Keychain not only looks cute, but is surprisingly effective at keeping you protected. If you need an attorney, find one right now. (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. If the victim is able, the officer should consider letting the victim write the statement. 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. For instance, if someone tries to run you over with a car, but then they get out of the car and are merely yelling at you, it would likely be illegal to shoot them at that point. If you injure or kill the attacker and are arrested, you can use self-defense as your defense. People overlook keychains when seeking the best resource for non-lethal self defense. vs. YOU. The built-in key ring attaches directly to your keys for ultimate protection. The best self defense keychains are affordable and compact. The Streetwise S.M.A.C.K. Pepper spray is an extremely effective and easy way to defend yourself. Even better, the JOLT J.A.C.K. Well also examine different kinds of force and different scenarios, including deadly force and. And most people know that physical violence is usually against the law. 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. When all is said and done, This is a common fear. Washingtons Mandatory Arrest Law for Domestic Violence. The laws, detailed in RCW 9A.16.020, say you can use force in the following situations. 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. We hope this short look at Washington State self-defense laws has been a helpful starting point. Get experienced King County and Seattle Assault / DV defense now. The use of lethal force in self defense cases is often a source of controversy. This reimbursement is not an independent cause of action. In Washington, you are allowed to use force against someone in certain circumstances, including in self-defense. is unprecedented for the size of the stun gun. Below, well discuss the Washington State stand your ground law and the best path towards clearing your name and putting this behind you. (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. In that situation, the shooter, George Zimmerman, was a neighborhood watch member who fatally shot unarmed 17-year-old Trayvon Martin. The case of Trayvon Martin for example, did not fall under a castle doctrine because it occurred outside of George Zimmermans domain. Dont let mistakes youve made in the past keep holding you back. 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. Recantation should place advocates, law enforcement, and prosecutors on notice that issues relating to a victim may not yet have been adequately addressed. In simple terms, what this means is that you cant shoot somebody if all theyre going to do is push you or shove you without causing grievous harm. There is one restriction: You must be in a place that you are legally allowed to be, such as home, work, or your vehicle. a person to prevent a mentally ill, mentally incompetent, or mentally disabled individual from committing a dangerous act. You can stand your ground and defend yourself, your family and your home. Lawful Use of Force in Self Defense. Your criminal defense attorney will be your best and perhaps your only friend in the courtroom. Ordinarily, physical violence against others is illegal. In simple terms, what this means is that you cant shoot somebody if all theyre going to do is push you or shove you without causing grievous harm. 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. 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. For example, you cannot bring a stun gun onto K-12 public or . Seven Self-Defense Keychain Options Gerber Shard Keychain Tool 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. 5. on the official Home Security Superstore website. Raleigh, NC 27604. (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. Since these keychains are being marketed as a self-defense item, I'd be inclined to call them something designed for offensive use, where any actual use as a keychain is secondary. Office: (206) 624-1662 / Cell: (425) 367-1122, I have handled thousands of criminal defense cases in the past 25+ years. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); When a dangerous situation presents itself, theres often little time to react. You are trying to prevent a malicious trespass or some other form of interference with your property. 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