Defending your home is a serious responsibility. This is why its very important to know Washington State self-defense laws before you have to defend yourself. A person is not justified in using force against another based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or in which the defendant and victim dated or had a romantic or sexual relationship. The S.M.A.C.K. Ordinarily, physical violence against others is illegal. WASHINGTON STATE: Legal with restrictions. (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. While the Washington State stand your ground law does permit self-defense in certain situations, it is important to understand the nuances of these rules. To be entitled to use self-defense as justification for your actions, the force you used must not have been more than necessary. Accordingly, the Streetwise S.M.A.C.K. One of the rules in the arenaof criminal law is that it is almost always illegal to hurt or kill someone. Abbott signed House Bill 446 on Saturday; the . Self-defense is a viable affirmative defense against numerous charges including assault, disorderly conduct, harassment and murder. It delivers 16 million volts of electricity which is impressive considering the unit is only 3 x 1.25. Speaking to a Criminal Defense Attorney in Washington. Furthermore, there are a variety of accessories that you can attach to keychains. Check reviews and buy Brutus Self Defense Tactical Keychain today. WASHINGTON STATE: Legal with restrictions. 2023 Law Offices of Phillip L. Weinberg -, statute that allows you to use violence in self-defense. (2) If the trier of fact makes a determination of justifiable homicide, justifiable use of deadly force, or self-defense, the judge shall determine the amount of the award. The case of Trayvon Martin for example, did not fall under a castle doctrine because it occurred outside of George Zimmermans domain. If you injure or kill the attacker and are arrested, you can use self-defense as your defense. But it doesnt happen automatically: You have to petition the court. can be intimidating if you dont know them, but, once you understand your rights, the law becomes your ally. 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. You are trying to keep a mentally incompetent person from hurting someone. Washington State self-defense laws are not perfect, but they are generally designed to help you escape legal jeopardy in situations of self-defense. See ER 803(a) (5); ER 607. 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. Nothing in this website is intended to form an attorney/client relationship between you and Findley & Rogers, PLLC. (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, 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. To award these reasonable costs the trier of fact must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence. (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. 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. The tactical keychain features a kubotan jabber and a concealed self defense knife. The statutes read: 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 9.94A.030.. This law essentially means homeowners who use lethal force within their home, place of business, or automobile may be able to claim self defense in castle doctrine states when facing severe bodily harm or death. Fox Labs is a U.S. company and among the most dependable for law enforcement and security personnel. So, is Washington a stand your ground state? Handling DUI, Criminal Defense and Family Law cases throughout the State of Washington and all of King County and Snohomish County since 1986. Fill out our contact form or call us at 206-209-5585 today. today for a free consultation to learn about your options! For this reason, users have a couple of different options for staying safe. DWI Meaning in North Carolina: What You Need to Know, Law Enforcement Can Seize Vehicle if You Meet This Criteria in NC, 12 Mistakes To Avoid at a Police Checkpoint. (iv) To lawfully suppress a riot if the actor or another participant is armed with a deadly weapon. You will be the primary aggressor, and charged with assault or another crime, or both, and will face a substantial likelihood of eventual conviction, too. , and the state courts, have repeatedly upheld this right. Click Here to learn more about the S.M.A.C.K. People often lose their gun rights for small crimes or other reasons. 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. The use of lethal force in self defense cases is often a source of controversy. For example, you cannot bring a stun gun onto K-12 public or . That would, however, require a trial. People overlook keychains when seeking the best resource for non-lethal self defense. Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child's parent or guardian for purposes of restraining or correcting the child. The mini Brutus Bulldog serves double duty as a self defense weapon. 4. Stun guns are generally considered the best type of non-lethal self defense. Start working with me ASAP on building your strongest defense strategies. 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. Stun Gun is sold with a black nylon holster that some may elect to use instead of the keychain. Visit our attorney directory to find a lawyer near you who can help. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Rob V. is the founder of OperationMilitaryKids.org. 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. However, this version may appeal more to dog lovers thanks to its intricate design. Notwithstanding, users should exercise caution when extending the disguised baton. *Amazon.com price as of post date. And if you use deadly force, thats usually a felony. The following table highlights key provisions in Washington self-defense laws and provides links to relevant statutes. (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. 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. See Section 16-23-470. Stun guns are very effective and reliable and usually do not require any special permitting. But how do you do that? What City/County is your case located in? Such a response would likely be considered unreasonably serious, considering the nature of the threat. (c) "Reasonable grounds" include, but are not limited to: (i) Exhibiting the effects of having consumed liquor, which means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either: (A) Is in possession of or in close proximity to a container that has or recently had liquor in it; or, (B) Is shown by other evidence to have recently consumed liquor; or. One of the biggest limitations to self-defense is that your use of force has to be reasonable in the circumstances. before you have to defend yourself. In Washington, you are allowed to use force against someone in certain circumstances, including in self-defense. Meeting with a lawyer can help you understand your options and how to best protect your rights. Stand your ground laws can differ from state to state. Despite these complexities, it can be crucially important to understand in at least a general sense, beforehand, when it is and when it is not legally justifiable to defend yourself or another against someone else who is threatening you or is already in the act of attacking you. 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. 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. Being accused of a crime when your use of force was called for and lawful can feel dehumanizing and unjustified. Its easily one of the most compact self defense keychains available in 2023. 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. VIRGINIA: Legal. 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. SOUTH DAKOTA: Legal. Discover the 8 Best Self Defense Keychains for 2023 in our complete review. And most people know that physical violence is usually against the law. The passage of time may have allowed the perpetrator to exercise a number or tactics of power and control to dissuade the victim from going forward. California does not have a specific stand your ground law in place, but instead it has the castle doctrine which means an individual can use deadly force within their own home if they have a reasonable fear of imminent peril or great bodily harm. If your answer to question 1 is no, do not answer the remaining question. Learn more about FindLaws newsletters, including our terms of use and privacy policy. You were exercising your right to defend yourself, but now you are facing serious criminal charges. One of the most common defenses to violent crime charges in Washington is that the accused acted in self-defense. r/Washington. All Rights Reserved. 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. Your actions, the force you used must not have been more than.... Double duty as a self defense County since 1986 the remaining question to petition the court people often lose gun... 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