For many reasons, a victim of domestic violence may not wish to proceed with the prosecution of a perpetrator. The case of Trayvon Martin for example, did not fall under a castle doctrine because it occurred outside of George Zimmermans domain. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); When a dangerous situation presents itself, theres often little time to react. 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? In general, pointing the stun gun into the air and test firing is enough to detour most intruders. I am fully versed in all aspects of the Washington criminal justice system and know how to craft a sound defense based upon self-defense if the facts and history of your case support this defense in good faith. Men and women can never exercise enough caution. The penalties will depend on the level of your charges, as well as the details of your case. People often lose their gun rights for small crimes or other reasons. Legal Self-Defense Weapons in Washington State 2023 The following self-defense weapons are legal in the state of Washington in 2023. Find reliable suppliers to provide the materials needed to manufacture your keychains. (b) Preventing a law enforcement agency from adopting standards pertaining to its use of deadly force that are more restrictive than this section. Under Section 46.05 of the Texas Penal Code it outlines weapons that are prohibited to possess in Texas. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Accordingly, those armed with the keychain not only produce a huge punch but stab the intruder into submission. VIRGINIA: Legal. If you are facing criminal charges after acting in self-defense, you have legal options. Ask the countless clients who have turned to Will & Will, Attorneys At Law, in their time of need. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What Are the Washington State Self-Defense Laws Around Firearms? Was the finding of not guilty based upon justifiable homicide, justifiable use of deadly force, or self-defense? A stand your ground law means a person can use force or in some states even deadly force to defend themselves without first attempting to retreat from imminent danger. See Section 16-23-470. One of the biggest limitations to self-defense is that your use of force has to be reasonable in the circumstances. If the victim is able, the officer should consider letting the victim write the statement. Washington State self-defense laws state that you have no duty to retreat from a violent situation. There are two main types of self defense laws currently in use across the United States and also the castle doctrine which often accompanies a stand your ground law to include property. Its about half the size of most stun guns yet still delivers 77 million volts of electricity. Yes, concealed carry is always an option for those that prefer to rely on a sidearm. (4) The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse. 4. Stun Gun Keychain will not hesitate to unleash hell. If you injure or kill the attacker and are arrested, you can use self-defense as your defense. Its easily one of the most compact self defense keychains available in 2023. Click Here to learn more about the Fox Labs Five Point Three Keychain on the official Home Security Superstore website. Do YOU need real and effective help with your Assault, DV, DUI or other Criminal Charge? canister available by Streetwise is a worthwhile investment. It delivers 16 million volts of electricity which is impressive considering the unit is only 3 x 1.25. Visit our attorney directory to find a lawyer near you who can help. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (a) "Illegal drug" means a controlled substance under chapter, (b) "Outdoor music festival" has the same meaning as in RCW. Defending your home is a serious responsibility. We offer discounted representation to people who have no prior arrest record, and have been criminally charged with marijuana possession. Stun Gun Keychain. It can also be a factor in helping prosecutors decide whether to charge you with a crime in the first place. 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. 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. Contact us today for a free consultation to learn about your options! Fights can happen. I have handled thousands of criminal defense cases in the past 25+ years. and the legal Dos and Donts of using deadly force in self-defense. You may NOT use physical force against a financial attack, such as identity theft. It assists people in dark or quiet places, and the light may distract intruders altogether. 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. A lot of the gray area comes down to the word reasonable.. Raleigh, NC 27604. Check reviews and buy Stinger Self Defense Tactical Keychain today. To put it as clearly as we can: Physical violence can potentially be legal when used in self-defense. Well also examine different kinds of force and different scenarios, including deadly force and Washington State self-defense gun laws. Legal help is imperative in these types of circumstances so call, email or text me today!Phil Weinberg, Attorney at Law. 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. 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. These classes are very practical and will help you better understand. Stun Gun on the official Home Security Superstore website. The best self defense keychains conceal metal knuckles, knives, and batons. Keychains are almost always in your pocket. What many people dont realize is self defense laws are vastly different across the country. You were exercising your right to defend yourself, but now you are facing serious criminal charges. The castle doctrine enforces the belief that a person has the right to be safe and secure inside ones home or place of business and should not have to retreat from their domain in order to be safe. 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 . (4) Whenever the issue of justifiable homicide, justifiable use of deadly force, or self-defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form: Was the defendant on duty or otherwise acting within the scope of his or her authority as a peace officer? You are free to purchase one of these devices and keep it on your person for self-defense purposes. In lawful defense of yourself, your spouse, parent, child, sibling, or other person in your presence when it's reasonable to assume that the person you've killed was planning to commit a felony or cause great personal injury to you or the others mentioned above; or. If you use excessive force, your self-defense argument will probably not hold up in court. Handling DUI, Criminal Defense and Family Law cases throughout the State of Washington and all of King County and Snohomish County since 1986. Homicide is also justifiable when committed either: (1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or. 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. Consequently, if you feel threatened, dont hesitate to rely on these metal knuckles for protection. 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. Can I Lose My License for Field Sobriety Test Refusal. Five On Your Side found that carrying a cat-eye keychain is illegal in Missouri. Do not delay. See Section 46.01 (14). Ideally, the written statement should take the form of a "Smith affidavit". (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. More importantly, confirm that the baton is vertical (and not at an angle) to avoid damaging the baton. High profile celebrities like Lena Dunham have also found this out the hard way. However, the shelf life of the product is a little shorter (3 years vs. 4 years). 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. (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. Lastly, the JOLT J.A.C.K. Office: (206) 624-1662 / Cell: (425) 367-1122. 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. Many Washington attorneys offer free consultations. The built-in battery indicator notifies users when the stun gun is drained of power and therefore requires a charge. (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. This topic is nicely summarized and explained in Prosecutors Domestic Violence Handbook (2014), prepared by the Washington Association of Prosecuting Attorneys and the King County Prosecuting Attorneys Domestic Violence Unit found online: HERE. Another situation where self-defense is not a permissible justification for using violence is if you were the major or primary aggressor in the fight. Often, these tools and accessories include items like pepper spray. It can also happen with knives, automobiles, baseball bats, and many other objects. This website is intended for informational purposes only, and it should not be construed as legal advice. In Washington, you are allowed to use force against someone in certain circumstances, including in self-defense. 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. Some people believe stand your ground laws encourage violence and a shoot first, ask later mentality. Choose quality materials that will ensure that your keychains are durable and long lasting. The range is longer compared to the pepper spray keychain produced by Streetwise. 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